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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 00:33)
Chapter 5 Part 5.2 Division 4
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
235   Major inspection of registered mobile cranes and tower cranes
(1)  This clause applies to the person with management or control of a registered mobile crane or tower crane at a workplace.
(2)  The person must ensure that a major inspection of the crane is carried out by, or under the supervision of, a competent person—
(a)  at the end of the design life recommended by the manufacturer for the crane, or
(b)  if there are no manufacturer’s recommendations—in accordance with the recommendations of a competent person, or
(c)  if it is not reasonably practicable to comply with paragraph (a) or (b)—every 10 years from the date that the crane was first commissioned or first registered, whichever occurred first.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(3)  A major inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be a major inspection for the purposes of this clause.
(4)  In this clause, a competent person is a person who—
(a)  complies with both of the following—
(i)  has acquired through training, qualification or experience the knowledge and skills to carry out a major inspection of the plant, and
(ii)  is—
(A)  registered under a law that provides for the registration of professional engineers, or
(B)  a member (or is qualified to be a member) of Engineers Australia with the status of Chartered Professional Engineer, or
(C)  entered on the National Professional Engineers Register administered by the Institution of Engineers Australia.
(b)  is determined by the regulator to be a competent person.
(5)  The regulator may, on the application of a person, make a determination in relation to the person for the purposes of subclause (4)(b) if the regulator considers that exceptional circumstances exist.
(6)  In this clause, major inspection means—
(a)  an examination of all critical components of the crane, if necessary by stripping down the crane and removing paint, grease and corrosion to allow a thorough examination of each critical component, and
(b)  a check of the effective and safe operation of the crane.
236   Lifts
(1)  The person with management or control of a lift at a workplace (including a person with management or control of maintenance of a lift) must ensure that—
(a)  if there is a risk of a person falling down a lift well—
(i)  secure barriers are provided to prevent access to openings into the lift well by someone other than a person who is performing work in the lift well, and
(ii)  secure working platforms or equivalent arrangements are provided for a person who is working in the lift well to prevent a fall from height, and
(b)  if there is a risk to a person working in a lift well from objects falling onto that person—a secure barrier is provided to prevent, so far as is reasonably practicable, falling objects from striking the person or otherwise causing a risk.
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 must ensure that there is a safe means of entry to and exit from the base of the lift well.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(3)  The person must ensure that there is fixed, in a prominent place in the lift, a sign that states the safe working load specified in the design of the lift.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
237   Records of plant
(1)  This clause applies in relation to plant that is required to be registered under Part 5.3.
(2)  The person with management or control of the plant at a workplace must keep a record of all tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subclause (3).
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(3)  The record must be kept for the period that the plant is used or until the person relinquishes control of the plant.
(4)  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.
(5)  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.
Subdivision 2 Control measures for amusement devices and passenger ropeways
238   Operation of amusement devices and passenger ropeways
(1)  The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the device or ropeway is operated only by a person who has been provided with instruction and training in its proper operation.
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 amusement device or passenger ropeway at a workplace must ensure that—
(a)  the amusement device or passenger ropeway is checked before it is operated on each day on which it is to be operated, and
(b)  the amusement device or passenger ropeway is operated without passengers before it is operated with passengers on each day on which it is to be operated, and
(c)  the daily checks and operation of the amusement device or passenger ropeway without passengers are properly and accurately recorded in a log book for the device or ropeway.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
239   Storage of amusement devices and passenger ropeways
(1)  The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the device or ropeway is stored so as to be without risk to health and safety.
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 an amusement device or passenger ropeway at a workplace must ensure that a person who stores the device or ropeway is a competent person or is under the supervision of 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.
240   Maintenance, inspection and testing of amusement devices and passenger ropeways
(1)  The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the device or ropeway is carried out—
(a)  by a competent person, and
(b)  in accordance with—
(i)  the recommendations of the designer or manufacturer or designer and manufacturer, or
(ii)  if a maintenance manual for the device or ropeway has been prepared by a competent person, the requirements of the maintenance manual.
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 is not a competent person to carry out a detailed inspection of an amusement device or passenger ropeway that includes an electrical installation unless the person is qualified, or is assisted by a person who is qualified, to inspect electrical installations.
241   Annual inspection of amusement devices and passenger ropeways
(1)  The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that a detailed inspection of the device or ropeway is carried out at least once every 12 months 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.
(2)  An annual inspection must include the following—
(a)  a check of information about the operational history of the amusement device or passenger ropeway since the last detailed inspection,
(b)  a check of the log book for the amusement device or passenger ropeway,
(c)  a check that maintenance and inspections of the amusement device or passenger ropeway have been undertaken under clause 240,
(d)  a check that any required tests have been carried out, and that appropriate records have been maintained,
(e)  a detailed inspection of the amusement device or passenger ropeway to ensure compliance with the Act and this Regulation (including a specific inspection of the critical components of the amusement device or passenger ropeway).
(3)  The regulator may extend the date for an inspection by up to 35 days if an inspection is scheduled to coincide with the same event each year.
(4)  If the date is extended under subclause (3), the new date is the date from which future annual inspections of the amusement device or passenger ropeway are determined.
(5)  In this clause, a competent person is a person who—
(a)  in the case of an inflatable device (continuously blown) with a platform height less than 9 metres—has acquired through training, qualification or experience the knowledge and skills to inspect the device, or
(b)  in the case of any other amusement device or a passenger ropeway—
(i)  has acquired through training, qualification or experience the knowledge and skills to inspect the plant, and
(ii)  is—
(A)  registered under a law that provides for the registration of professional engineers, or
(B)  a member (or is qualified to be a member) of Engineers Australia with the status of Chartered Professional Engineer, or
(C)  entered on the National Professional Engineers Register administered by the Institution of Engineers Australia, or
(c)  in the case of any amusement device or passenger ropeway—is determined by the regulator to be a competent person.
(6)  The regulator may, on the application of a person, make a determination in relation to the person for the purposes of subclause (5)(c) if the regulator considers that exceptional circumstances exist.
(7)  An annual inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be an annual inspection for the purposes of this clause.
242   Log book and manuals for amusement devices
(1)  The person with management or control of an amusement device at a workplace, in addition to complying with the record-keeping requirements of clause 237, must ensure that—
(a)  details of the erection or storage of the amusement device (including the date of erection) are recorded in the log book for the amusement device on each occasion on which it is erected or stored, and
(b)  the log book and operating and maintenance manuals for the amusement device are kept with the amusement device.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  The person with management or control of an amusement device at a workplace must ensure that persons involved in the commissioning, installation, use, storage and testing, and the decommissioning, dismantling and disposal, of an amusement device are given—
(a)  the log book for the amusement device in which details concerning erection, storage, operation and maintenance of the amusement device are recorded, and
(b)  the operating and maintenance manuals for the amusement device.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
Note.
 Clause 237(5) requires the person with management or control of the amusement device to give the log book and maintenance records to the person being supplied with the plant.