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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 08:55)
Chapter 5 Part 5.2 Division 4 Subdivision 1
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.