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Contents (2017 - 404)
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Work Health and Safety Regulation 2017
Current version for 15 November 2019 to date (accessed 14 December 2019 at 03:09)
Chapter 5 Part 5.1
Part 5.1 General duties for plant and structures
Note.
 If a jurisdiction enacts Schedule 1 of the Act, this Part will extend to plant outside the workplace as provided for in that Schedule.
Division 1 Preliminary
185   Application of Part 5.1 to plant
(1)  Subject to this clause, this Part applies to all plant.
(2)  Subject to subclause (3), this Part does not apply to plant that—
(a)  relies exclusively on manual power for its operation, and
(b)  is designed to be primarily supported by hand.
(3)  This Part applies to explosive power tools that are designed to be supported by hand.
186   Application of Part 5.1 to structures
This Part applies to structures as provided in this Part.
Division 2 Duties of persons conducting businesses or undertakings that design plant
187   Provision of information to manufacturer
A designer of plant must ensure, when the design of the plant is made available to the manufacturer of the plant, that the manufacturer is provided with—
(a)  information to enable the plant to be manufactured in accordance with the design specifications, and
(b)  if applicable, information about—
(i)  the installation, commissioning, decommissioning, use, handling, storage and, if the plant is capable of being dismantled, dismantling of the plant, and
(ii)  the hazards and risks associated with the use of the plant that the designer has identified, and
(iii)  testing or inspections to be carried out on the plant, and
(iv)  the systems of work and competency of operators that are necessary for the safe use of the plant, and
(v)  the emergency procedures (if any) that are required to be implemented if there is a malfunction of the plant.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
Note.
 A designer also has duties under section 22 of the Act.
188   Hazard identified in design during manufacture
If a manufacturer of plant informs the designer of the plant that there is a hazard in the design of plant for which the designer has not provided a control measure, the designer must—
(a)  revise the information originally supplied to the manufacturer to ensure that—
(i)  the risk is eliminated so far as is reasonably practicable, or
(ii)  if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable, or
(b)  notify the manufacturer, in writing, that the designer is of the opinion that it is not necessary to revise the information originally supplied to the manufacturer to ensure compliance with this Part.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
Note.
 A designer also has duties under section 22 of the Act.
189   Guarding
(1)  This clause applies if a designer of plant uses guarding as a control measure.
(2)  The designer must ensure, so far as is reasonably practicable, that the guarding designed for that purpose will prevent access to the danger point or danger area of the plant.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The designer must ensure that—
(a)  if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant—the guarding is a permanently fixed physical barrier, or
(b)  if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant—the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time, or
(c)  if it is not reasonably practicable to use guarding referred to in paragraph (a) or (b)—the guarding used is a physical barrier that can only be altered or removed by the use of tools, or
(d)  if it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or (c)—the design includes a presence-sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  The designer must ensure that the guarding is designed—
(a)  to be of solid construction and securely mounted so as to resist impact or shock, and
(b)  to make bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable, and
(c)  so as not to cause a risk in itself.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  If the plant to be guarded contains moving parts and those parts may break or cause workpieces to be ejected from the plant, the designer must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(6)  Despite anything to the contrary in this clause, the designer must ensure—
(a)  that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation, and
(b)  if the guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
190   Operational controls
(1)  A designer of plant must ensure that the design provides for any operator’s controls for the plant to be—
(a)  identified on the plant so as to indicate their nature and function and direction of operation, and
(b)  located so as to be readily and conveniently operated by each person using the plant, and
(c)  located or guarded to prevent unintentional activation, and
(d)  able to be locked into the “off” position to enable the disconnection of all motive power.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the designer of the plant must ensure that the design provides for operator’s controls that—
(a)  permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant, and
(b)  while the plant is being maintained or cleaned, cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant, and
(c)  will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning—
(i)  is eliminated so far as is reasonably practicable, or
(ii)  if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
191   Emergency stop controls
(1)  If plant is designed to be operated or attended by more than 1 person and more than 1 emergency stop control is fitted, the designer of the plant must ensure that the design provides for the multiple emergency stop controls to be of the “stop and lock-off” type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  If the design of the plant includes an emergency stop control for the plant, the designer of the plant must ensure that the design provides—
(a)  for the stop control to be prominent, clearly and durably marked and immediately accessible to each operator of the plant, and
(b)  for any handle, bar or push button associated with the stop control to be coloured red, and
(c)  that the stop control cannot be adversely affected by electrical or electronic circuit malfunction.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
192   Warning devices
(1)  This clause applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.
(2)  The designer of the plant must ensure that the design provides for the device to be positioned on the plant to ensure the device will work to best effect.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Division 3 Duties of persons conducting businesses or undertakings that manufacture plant
193   Control of risk
(1)  A manufacturer of plant must ensure the following—
(a)  that the plant is manufactured and inspected having regard to the information provided to the manufacturer by the designer of the plant under the Act and this Regulation,
(b)  if the information provided to the manufacturer by the designer of the plant under the Act and this Regulation requires the plant to be tested—that the plant is tested in accordance with that information,
(c)  if, during the manufacturing process, any hazard is identified in the design of the plant for which the designer has not provided a control measure—
(i)  that the hazard is not incorporated into the manufacture of the plant, and
(ii)  that the designer of the plant is given written notice of the hazard as soon as practicable, and
(iii)  that all reasonable steps are taken to consult with the designer of the plant in relation to the alteration of the design to rectify the hazard.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A manufacturer of plant must ensure that, if it is not possible to inform the designer about the hazard in accordance with subclause (1)—
(a)  the risk is eliminated, so far as is reasonably practicable, or
(b)  if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.
Note.
 WHS Act—section 23 (see clause 9).
(3)  A manufacturer to whom subclause (1)(c) applies must not manufacture the plant until—
(a)  the designer gives the manufacturer the revised information or written instruction under clause 188, or
(b)  the manufacturer eliminates or minimises the risk under subclause (2).
Note.
 WHS Act—section 23 (see clause 9).
(4)  If the designer notifies a manufacturer of plant under clause 188, the manufacturer may proceed in accordance with the designer’s original information.
194   Guarding
(1)  A manufacturer of plant must ensure that guarding used as a control measure is of solid construction and securely mounted so as to resist impact or shock.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A manufacturer of plant must ensure—
(a)  that any guarding used as a control measure in relation to plant is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation, and
(b)  if the guarding is removed—that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
195   Information must be obtained and provided
A manufacturer of plant must—
(a)  take all reasonable steps to obtain the information required to be provided to the manufacturer by the designer of the plant under section 22(4)(a) and (c) of the Act and clauses 187 and 188, and
(b)  ensure that a person to whom the manufacturer supplies the plant is, at the time of supply, provided with the information provided to the manufacturer by the designer under section 22(4)(a) and (c) of the Act and clause 187, and
(c)  if the manufacturer acts in accordance with clause 193(1)(c), ensure that a person to whom the manufacturer supplies the plant is provided with the information, applicable to the plant, that is required to be provided by the designer under sections 22(4)(a) and (c) of the Act and clause 188.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
Division 4 Duties of persons conducting businesses or undertakings that import plant
196   Information to be obtained and provided by importer
An importer of plant must—
(a)  take all reasonable steps to obtain—
(i)  the information that would be required to be provided by a manufacturer under section 23(4)(a) and (c) of the Act, and
(ii)  the information that would be required to be provided by the designer of the plant to the manufacturer under clauses 187 and 188, and
(b)  give that information to any person to whom the importer supplies the plant.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
197   Control of risk
An importer of plant must—
(a)  ensure that the plant is inspected having regard to the information provided by the manufacturer, and
(b)  if the information provided by the manufacturer requires the plant to be tested—ensure that the plant is tested in accordance with that information, and
(c)  if any hazards are identified—
(i)  ensure that the plant is not supplied until the risks have been eliminated so far as is reasonably practicable, and
(ii)  if it is not reasonably practicable to eliminate the risks, inform the person to whom the plant is supplied about the risks, and
(d)  take all reasonable steps to ensure that the designer and manufacturer of the plant are consulted in relation to any alteration made to the plant to control the risk.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Division 5 Duties of persons conducting businesses or undertakings that supply plant
198   Information to be obtained and provided by supplier
A supplier of plant must—
(a)  take all reasonable steps to obtain the information required to be provided by the manufacturer under section 23(4)(a) and (c) of the Act and this Regulation, and
(b)  ensure that, when the plant is supplied, the person to whom the plant is supplied is given the information obtained by the supplier under paragraph (a).
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
199   Supply of second-hand plant—duties of supplier
(1)  A supplier of second-hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A supplier of second-hand plant must ensure that the person to whom the plant is supplied is, before the plant is supplied, given written notice—
(a)  of the condition of the plant, and
(b)  of any faults identified under subclause (1), and
(c)  if appropriate, that the plant should not be used until the faults are rectified.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  This clause does not apply to plant to be used for scrap or spare parts.
200   Second-hand plant to be used for scrap or spare parts
A supplier of plant to be used for scrap or spare parts must, before the plant is supplied, inform the person to whom the plant is supplied, either in writing or by marking the plant, that the plant is being supplied for scrap or spare parts and that the plant in its current form is not to be used as plant.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
Division 6 Duties of persons conducting businesses or undertakings that install, construct or commission plant or structures
201   Duties of persons conducting businesses or undertakings that install, construct or commission plant
(1)  This clause applies to a person who conducts a business or undertaking that installs, constructs or commissions plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2)  The person must ensure that the plant is installed, constructed or commissioned having regard to—
(a)  the information provided by the designer, manufacturer, importer or supplier of the plant under the Act and this Regulation, or
(b)  the instructions provided by a competent person to the extent that those instructions relate to health and safety.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
202   Duties of persons conducting businesses or undertakings that install, construct or commission structures
(1)  This clause applies to a person who conducts a business or undertaking that installs, constructs or commissions a structure that is to be used, or could reasonably be expected to be used, as or at, a workplace.
(2)  The person must ensure that the structure is installed, constructed or commissioned having regard to—
(a)  the information provided by the designer, manufacturer, importer or supplier of the structure under the Act and this Regulation, or
(b)  the instructions provided by a competent person to the extent that those instructions relate to health and safety.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Division 7 General duties of a person conducting a business or undertaking involving the management or control of plant
Note.
 A person with management or control of plant at a workplace is the person conducting a business or undertaking at the workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in clause 5(1) and section 21 of the Act.
Subdivision 1 Management of risks
203   Management of risks to health and safety
A person with management or control of plant at a workplace must manage risks to health and safety associated with plant, in accordance with Part 3.1.
Note.
 WHS Act—section 21 (see clause 9).
Subdivision 2 Additional control measures for general plant
204   Control of risks arising from installation or commissioning
(1)  A person with management or control of plant at a workplace must not commission the plant unless the person has established that the plant is, so far as is reasonably practicable, without risks to the health and safety of any person.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A person with management or control of plant at a workplace must not decommission or dismantle the plant unless the decommissioning or dismantling can be carried out, so far as is reasonably practicable, without risks to the health and safety of any person.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  A person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is a competent person.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  A person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is provided with the available information for eliminating or minimising risks to health or safety.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  A person with management or control of plant at a workplace must ensure that the processes for the installation, construction, commissioning, decommissioning and dismantling of plant include inspections that ensure, so far as is reasonably practicable, that risks associated with these activities are monitored.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
205   Preventing unauthorised alterations to or interference with plant
The person with management or control of plant at a workplace must, so far as is reasonably practicable, prevent alterations to or interference with the plant that are not authorised by the person.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
206   Proper use of plant and controls
(1)  The person with management or control of plant at a workplace must take all reasonable steps to ensure that plant is used only for the purpose for which it was designed, unless the person has determined that the proposed use does not increase the risk to health or safety.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  In determining whether or not a proposed use of plant increases the risk to health or safety, the person with management or control of the plant must ensure that the risk associated with the proposed use is assessed by a competent person.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person with management or control of plant at a workplace must take all reasonable steps to ensure that all health and safety features and warning devices (including guarding, operational controls, emergency stops and warning devices) are used in accordance with the instructions and information provided by that person under clause 39.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
207   Plant not in use
The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that plant that is not in use is left in a state that does not create a risk to the health or safety of any person.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
208   Guarding
(1)  This clause applies if guarding is used as a control measure in relation to plant at a workplace.
(2)  The person with management or control of the plant must ensure that—
(a)  if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant, the guarding is a permanently fixed physical barrier, or
(b)  if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant, the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time, or
(c)  if it is not reasonably practicable to use guarding referred to in paragraph (a) or (b), the guarding used is a physical barrier that can only be altered or removed by the use of tools, or
(d)  if it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or (c), the guarding includes a presence-sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person with management or control of the plant must ensure that the guarding—
(a)  is of solid construction and securely mounted so as to resist impact or shock, and
(b)  makes bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable, and
(c)  does not create a risk in itself, and
(d)  is properly maintained.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  If the plant to be guarded contains moving parts that may break or cause workpieces to be ejected from the plant, the person with management or control of the plant must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  Despite anything to the contrary in this clause, the person with management or control of the plant must ensure—
(a)  that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation, and
(b)  if guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
209   Guarding and insulation from heat and cold
The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that any pipe or other part of the plant associated with heat or cold is guarded or insulated so that the plant is without risks to the health and safety of any person.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
210   Operational controls
(1)  The person with management or control of plant at a workplace must ensure that any operator’s controls are—
(a)  identified on the plant so as to indicate their nature and function and direction of operation, and
(b)  located so as to be readily and conveniently operated by each person using the plant, and
(c)  located or guarded to prevent unintentional activation, and
(d)  able to be locked into the “off” position to enable the disconnection of all motive power.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the person with management or control of the plant at a workplace must ensure that the operator’s controls—
(a)  permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant, and
(b)  while the plant is being maintained or cleaned, either—
(i)  cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant, or
(ii)  if subparagraph (i) cannot be complied with because the plant must be operated by a person other than the person who is carrying out the maintenance or cleaning of the plant, cannot be operated except by a person authorised by the person with management or control of the plant for that purpose, and
(c)  will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning—
(i)  is eliminated so far as is reasonably practicable, or
(ii)  if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
211   Emergency stops
(1)  If plant at a workplace is designed to be operated or attended by more than 1 person and more than 1 emergency stop control is fitted, the person with management or control of plant at the workplace must ensure that the multiple emergency stop controls are of the “stop and lock off” type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  If the design of plant at a workplace includes an emergency stop control, the person with management or control of the plant at the workplace must ensure that—
(a)  the stop control is prominent, clearly and durably marked and immediately accessible to each operator of the plant, and
(b)  any handle, bar or push button associated with the stop control is coloured red, and
(c)  the stop control cannot be adversely affected by electrical or electronic circuit malfunction.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
212   Warning devices
(1)  This clause applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.
(2)  The person with management or control of the plant must ensure that the device is positioned on the plant to ensure that the device will work to best effect.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
213   Maintenance and inspection of plant
(1)  The person with management or control of plant at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the plant is carried out by a competent person.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(2)  The maintenance, inspection and testing must be carried out—
(a)  in accordance with the manufacturer’s recommendations, if any, or
(b)  if there are no manufacturer’s recommendations, in accordance with the recommendations of a competent person, or
(c)  in relation to inspection, if it is not reasonably practicable to comply with paragraph (a) or (b), annually.
Subdivision 3 Additional control measures for certain plant
Note.
 The person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of person with management or control of plant at a workplace in clause 5(1) and section 21 of the Act.
214   Powered mobile plant—general control of risk
The person with management or control of powered mobile plant at a workplace must in accordance with Part 3.1, manage risks to health and safety associated with the following—
(a)  the plant overturning,
(b)  things falling on the operator of the plant,
(c)  the operator being ejected from the plant,
(d)  the plant colliding with any person or thing,
(e)  mechanical failure of pressurised elements of plant that may release fluids that pose a risk to health and safety.
Note.
 WHS Act—section 21 (see clause 9).
215   Powered mobile plant—specific control measures
(1)  This clause applies to a person with management or control of powered mobile plant at a workplace.
(2)  The person must ensure, so far as is reasonably practicable, that a suitable combination of operator protective devices for the plant is provided, maintained and used.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person must ensure, so far as is reasonably practicable, that no person other than the operator rides on the plant unless the person is provided with a level of protection that is equivalent to that provided to the operator.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  The person must ensure that the plant does not collide with pedestrians or other powered mobile plant.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  Without limiting subclause (4), if there is a possibility of the plant colliding with pedestrians or other powered mobile plant, the person must ensure that the plant has a warning device that will warn persons who may be at risk from the movement of the plant.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
216   Roll-over protection on tractors
(1)  The person with management or control of a tractor at a workplace must ensure that the tractor is not used unless it is securely fitted with a roll-over protective structure.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  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 are in place).
(3)  This clause does not apply if the tractor is—
(a)  installed in a fixed position, and in a manner which would no longer permit it to be used as powered mobile plant, or
(b)  a tractor with a mass of less than 560 kilograms or a mass of 15,000 kilograms or more, or
(c)  being used for a historical purpose or activity.
(4)  In this clause—
historical purpose or activity, in relation to the use of a tractor, includes an activity ancillary to a historical activity.
Examples.
 
1   
Historical activity: a historical display, parade, demonstration or re-enactment.
2   
Activity ancillary to a historical activity: restoring, maintaining, modifying or housing a tractor used, or to be used, for a historical activity.
roll-over protective structure means a structure designed to protect a tractor operator from injury if the tractor rolls over in any direction.
Note.
 Clauses 214 and 215 also apply to a tractor.
217   (Repealed)
218   Industrial lift trucks
(1)  The person with management or control of an industrial lift truck at a workplace must ensure that the truck is—
(a)  equipped with lifting attachments that are suitable for the load to be lifted or moved by the truck, and
(b)  operated in a manner that ensures that the risks to the operator of the truck and other persons at or near the workplace that arise from systems of work and the environment in which the truck is used—
(i)  are eliminated so far as is reasonably practicable, or
(ii)  if it is not reasonably practicable to eliminate the risks, are minimised so far as is reasonably practicable.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  The person with management or control of an industrial lift truck at a workplace must ensure that the truck is not used to carry a passenger unless—
(a)  the truck is designed to carry a seated passenger, and
(b)  the passenger seat is—
(i)  fitted with suitable seat restraints, and
(ii)  located within the zone of protection that is provided by the operator protective device required to be fitted to the industrial lift truck.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person with management or control of an industrial lift truck at a workplace must take all reasonable steps to ensure that a passenger in an industrial lift truck is seated in a seat that complies with subclause (2)(b).
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Note.
 Clauses 214 and 215 also apply to an industrial lift truck.
219   Plant that lifts or suspends loads
(1)  This clause applies in relation to plant that is used to lift or suspend persons or things.
(2)  The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that the plant used is specifically designed to lift or suspend the load.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  If it is not reasonably practicable to use plant that is specifically designed to lift or suspend the load, the person must ensure that—
(a)  the plant does not cause a greater risk to health and safety than if specifically designed plant were used, and
(b)  if the plant is lifting or suspending persons, the use of the plant complies with clause 220.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  The person must ensure that the lifting and suspending is carried out—
(a)  with lifting attachments that are suitable for the load being lifted or suspended, and
(b)  within the safe working limits of the plant.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  The person must ensure, so far as is reasonably practicable, that no loads are suspended or travel over a person unless the plant is specifically designed for that purpose.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(6)  The person must ensure, so far as is reasonably practicable, that loads are lifted or suspended in a way that ensures that the load remains under control during the activity.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(7)  The person must ensure, so far as is reasonably practicable, that no load is lifted simultaneously by more than 1 item of plant unless the method of lifting ensures that the load placed on each item of plant does not exceed the design capacity of the plant.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
220   Exception—plant not specifically designed to lift or suspend a person
(1)  For the purposes of clause 219(3)(b), the person with management or control of the plant at a workplace must ensure that—
(a)  the persons are lifted or suspended in a work box that is securely attached to the plant, and
(b)  the persons in the work box remain substantially within the work box while they are being lifted or suspended, and
(c)  if there is a risk of a person falling from a height, a safety harness is provided and worn by the person in order to prevent, so far as is reasonably practicable, injury to the person as a result of the fall, and
(d)  means are provided by which the persons being lifted or suspended can safely exit from the plant in the event of a failure in its normal operation.
(2)  This clause does not apply to plant used in connection with—
(a)  the performance of stunt work, or
(b)  the performance of acrobatics, or
(c)  theatrical performances.
Note.
 Part 4.4 (except clause 79) applies to the matters in subclause (2).
221   Plant used in connection with tree lopping
(1)  Clause 220(1)(a) and (b) do not apply in connection with tree lopping if—
(a)  a risk assessment shows that lifting or suspending a person in a harness with a crane to place the person in a tree to carry out tree lopping does not create a greater risk to health or safety than using plant specifically designed to lift a person or climbing a tree, and
(b)  the tree lopping is carried out by a person who is a competent person in the use of the harness referred to in paragraph (a), and
(c)  a crane is used to put the competent person in the tree to lop it, and
(d)  the crane has safety mechanisms that would prevent the competent person from inadvertently falling, and
(e)  while attached to the crane, the competent person is in visual, audio or radio communication with the crane operator.
(2)  In this clause, harness means a work positioning harness that is designed and certified, in accordance with AS/NZS 1891.1:2007 (Industrial fall-arrest systems—Harnesses and ancillary equipment), for the purpose of lifting and suspending a person.
222   Industrial robots
(1)  This clause applies to a person with management or control of an industrial robot or other remotely or automatically energised plant at a workplace.
(2)  The person must not direct or allow a worker to work in the immediate vicinity of the plant if it could start without warning and cause a hazard, unless suitable control measures are in place to control the risks to health and safety.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  If the remote or automatic energising of the plant could lead to risks to health and safety, the person must ensure that access to the area in the immediate vicinity of the plant is controlled at all times—
(a)  by isolating the area, or
(b)  by—
(i)  providing interlocked guards, or
(ii)  if a risk remains, providing presence-sensing devices, or
(iii)  if a risk then remains, providing permit to work systems.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
223   Lasers
(1)  This clause applies to the person with management or control, at a workplace, of laser equipment that may create a risk to health and safety.
(2)  The person must ensure that laser equipment intended for use on plant is designed, constructed and installed so as to prevent accidental irradiation of any person.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person must ensure that laser equipment on plant is protected so that any operator of the plant or other person is not exposed to direct radiation, radiation produced by reflection or diffusion or secondary radiation.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  The person must ensure that the visual equipment used for the observation or adjustment of laser equipment on plant does not create a risk to health or safety from laser rays.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  The person must ensure that the workers operating the laser equipment are trained in the proper operation of the equipment.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(6)  The person must ensure that Class 3B and Class 4 lasers (within the meaning of AS 2397–1993Safe use of lasers in the building and construction industry) are not used in construction work.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
224   Pressure equipment
(1)  The person with management or control of pressure equipment at a workplace must ensure that—
(a)  the equipment is inspected on a regular basis by a competent person, and
(b)  any gas cylinder that is inspected is marked with a current inspection mark showing the date of the most recent inspection.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(2)  The person with management or control of gas cylinders at a workplace that is a gas cylinder filling station must ensure that—
(a)  a gas cylinder is not filled with gas unless it bears a current inspection mark, and
(b)  a gas cylinder is only filled with gas for which that cylinder is designed.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
225   Scaffolds
(1)  This clause applies in relation to—
(a)  a suspended scaffold, and
(b)  a cantilevered scaffold, and
(c)  a spur scaffold, and
(d)  a hung scaffold, and
(e)  any other scaffold from which a person or thing could fall more than 4 metres.
(2)  The person with management or control of a scaffold at a workplace must ensure that the scaffold is not used unless the person receives written confirmation from a competent person, who has inspected the scaffold, that construction of the scaffold has been completed.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person with management or control of a scaffold at a workplace must ensure that the scaffold and its supporting structure are inspected by a competent person—
(a)  before use of the scaffold is resumed after an incident occurs that may reasonably be expected to affect the stability of the scaffold, and
(b)  before use of the scaffold is resumed after repairs, and
(c)  at least every 30 days.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  If an inspection indicates that a scaffold at a workplace or its supporting structure creates a risk to health or safety, the person with management or control of the scaffold must ensure that—
(a)  any necessary repairs, alterations and additions are made or carried out, and
(b)  the scaffold and its supporting structure are inspected again by a competent person before use of the scaffold is resumed.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  The person with management or control of a scaffold at a workplace must ensure that unauthorised access to the scaffold is prevented while the scaffold is incomplete or unattended.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Example.
 Danger tags and other warning signs.
226   Plant with presence-sensing safeguarding system—records
(1)  The person with management or control of plant with a presence-sensing safeguarding system at a workplace must keep a record of safety integrity tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subclause (2).
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  The record must be kept for—
(a)  5 years unless paragraph (b) applies, or
(b)  the life of the plant or until the person relinquishes control of the plant if the plant is registered plant or has been altered.
(3)  The person must keep the record available for inspection under the Act.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(4)  The person must make the record available to any person to whom the person relinquishes control of the plant.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.