Occupational Safety and Health Act 1984
Occupational Safety and Health Regulations 1996
Occupational Safety and Health Act 1984
Occupational Safety and Health Regulations 1996
Western Australia
Occupational Safety and Health Regulations 1996
CONTENTS
Part 1 — Preliminary and interpretation
Division 1 — Preliminary and definitions
1.1. Citation 1
1.2. Commencement 1
1.3. Terms used 1
Division 2 — Interpretation
1.4. Responsibility of employers 5
1.5. Responsibility of self‑employed persons 6
1.6. Responsibility of main contractors 6
1.7. Responsibility of persons having control of a workplace 7
1.8. Responsibility of persons having control of access to a workplace 7
1.9. References to employees 7
1.10. References to workplaces 8
1.11. Term used: NOHSC 8
1.12. Application of Standards etc. 9
1.13. Technical terms 9
1.14. AS or AS/NZS reference in Schedule 1 9
1.15. Penalty for breaches by employees and others 9
1.16. Penalty for breaches by employers and others 10
Part 2 — General
Division 1 — Matters prescribed for purposes of the Act
2.1. Prescribed laws for the purposes of section 14(1)(b) of the Act 11
2.2. Introductory and transitional courses for, and entitlements under section 35(3) of, safety and health representatives11
2.3. Subsequent courses for, and entitlements under section 35(3) of, safety and health representatives15
2.4. Notification under section 23I of certain injuries 15
2.5. Notification under section 23I of certain diseases 16
2.6. Default procedure for resolution of issues 17
2.8. References of improvement notice or prohibition notice for review and further review 18
2.8A. Persons who are trainees for the purposes of the Act 19
2.8B. Training courses for qualified representative under section 51AB 19
Division 2 — Administrative provisions
2.9. Marking of plant 19
2.10. Local government to notify Commissioner of construction work permits 20
2.11. Medical examinations 20
2.12. Exemption where substantial compliance 22
2.13. Exemption where compliance unnecessary or impracticable22
2.14. Exemption from fees 23
Division 3 — Review of decisions under these regulations
2.15. Review of decisions by persons other than Commissioner 23
2.16. Review of Commissioner’s decisions 24
Part 3 — Workplace safety requirements
Division 1 — General duties applying to workplaces
3.1. Identification of hazards, and assessing and addressing risks, at workplaces 26
3.2. Persons at workplaces to have access to Act etc. 26
3.3. Communication with isolated employees 27
3.4. Manual handling 28
3.5. Reports of hazards etc. to be investigated 28
3.6. Movement around workplaces 28
3.7. Access to and egress from workplaces 29
3.8. Emergency egress from workplaces 29
3.9. Fire precautions 29
3.10. Evacuation procedures 30
3.11. Warning signs 31
3.12. First aid 31
3.13. Lighting 32
3.14. Work space generally 33
3.15. Air temperature 33
3.16. Water 33
3.17. Cleanliness and removal of debris 34
3.18. Surfaces and floors 35
3.19. Seating 36
3.20. Workplace facilities 37
3.21. Drawings showing location of certain services 37
3.22. Management of vehicles and moving plant at workplaces 38
3.23. Protection of persons and property in vicinity of cranes 39
3.24. Lowering gear 42
3.25. Safety in relation to conduit 42
3.26. Portable ladders 42
3.27. Gas cylinders to be secured 43
3.28. Protection of manifolded cylinder pack 44
3.29. Construction diving work to be in accordance with Standard44
3.30. Flotation devices where persons working with others 45
3.31. Flotation devices where person working alone 46
Division 2 — General duties in relation to personal protective clothing and equipment
3.32. Risks to be reduced in first instance by means other than protective clothing and equipment46
3.33. Standards relevant to certain protective clothing and equipment 46
3.34. Responsibilities of persons who require personal protective clothing and equipment to be used48
3.35. Responsibilities of users of personal protective clothing and equipment 49
3.36. Safety helmets to be worn at construction sites 50
Division 3 — Atmosphere and respiratory protection
Subdivision 1 — Atmosphere and respiratory protection generally
3.37. Terms used 50
3.38. Identification and assessment of hazards in relation to atmosphere 51
3.39. Possible means of reducing risks 52
3.40. Respiratory protective equipment generally 52
3.41. Supplied air respirators required for certain atmospheres 53
3.42. Duties in relation to provision of supplied air respirators etc.54
3.43. Specifications, maintenance, testing of supplied air respirators 55
3.44. Quality of air in supplied air respirators 56
Subdivision 2 — Protection from tobacco smoke
3.44A. Terms used 58
3.44AA. Enclosed workplaces 58
3.44AB. Notional vertical surface area 60
3.44B. Certain persons prohibited from smoking in enclosed workplaces 60
3.44D. Defence: smoking in a private vehicle or residence 61
3.44E. Defence: smoking in a performance 61
3.44G. Notice to be given as to restrictions on smoking 61
3.44I. Inspectors may require certain persons to extinguish tobacco products 62
Division 4 — Noise control and hearing protection
3.45. Terms used 62
3.46. Avoidance of noise above exposure standard 63
3.47 Standard of personal hearing protectors 63
Division 5 — Prevention of falls at workplaces
3.48. Terms used 63
3.49. Identification and assessment of hazards in relation to falling64
3.50. Anchorage and fall injury prevention systems to be capable of withstanding forces caused by a fall64
3.51. Inspection etc. of fall injury prevention systems 65
3.52. Fall injury prevention system to be protected where welding etc. being done 65
3.53. Inspection of anchorages 66
3.54. Protection in relation to holes and openings 67
3.55. Edge protection 68
3.56. Grid mesh and checker plate flooring panels 70
3.57. Working on or from brittle or fragile roofing 71
Division 6 — Electricity
3.58. Term used: supply authority 72
3.59. Electrical installations at workplaces 73
3.60. Protection against earth leakage current when portable equipment in use 73
3.61. Electrical installations on construction sites etc. 76
3.62. Tester to record information on tag 76
3.63. Records of electrical equipment test results to be provided 77
3.64. Restrictions on working in vicinity of overhead power lines 77
3.65. Connecting electricity to construction sites 78
Division 7 — Scaffolds, gantries, hoardings and barricades and formwork
3.66. Terms used 79
3.67. Scaffolds and scaffolding equipment to be in accordance with Standard 80
3.68. Area for scaffold to be kept clear 80
3.69. Welding of lugs and saddle pieces 80
3.70. Warning signs etc. for incomplete scaffolds 81
3.71. Certain scaffolds not to be used 81
3.72. Inspection and marking of certain scaffolds 82
3.73. Scaffold not to be moved etc. without authority 83
3.74. Lowering scaffolding equipment 83
3.75. Hoardings and barricades 84
3.76. Gantries 84
3.77. Level of protection required 85
3.78. No unauthorised removal etc. 85
3.79. Requirements as to formwork 85
3.80. Formwork to be contained within workplace 86
3.81. Stripping and lowering of formwork 86
Division 8 — Work in confined spaces
3.82. Terms used 87
3.83. Duties of designers, manufacturers and suppliers of things with confined spaces 87
3.84. Modification of confined spaces 88
3.85. Work in confined spaces to comply with Standard 88
3.86. When persons to stand by confined spaces 88
3.87. Training in relation to work in confined spaces 89
Division 9 — Safety requirements in relation to certain work processes
Subdivision 1 — Tilt‑up concrete and precast concrete elements
3.88. Terms used 90
3.88A. Commissioner to be given notice of intention to manufacture concrete panels 90
3.88B. Manufacture of concrete panels to be in accordance with Standard 92
3.88C. Transport, cranage, storage and erection of concrete panels at construction sites to be in accordance with Standard93
3.88D. Temporary bracing of concrete panels at construction sites to be in accordance with Standard94
3.88E. Incorporation of concrete panels into final structure to be in accordance with Standard 94
3.88F. Tilt‑up work at construction sites not to be done unless notification of intention to manufacture panels has been given95
3.88G. Certain documents to be at construction sites where tilt‑up work done 95
3.88H. Limited entry to areas of construction sites where tilt‑up work being done 96
3.88I. Certain persons to ensure that only trained persons manufacture concrete panels 97
3.88J. Certain persons to ensure that only trained persons do tilt‑up work other than manufacturing concrete panels97
Subdivision 2 — Moulding and casting
3.89. Moulding and casting 98
3.90. Pit or deep mould 99
3.91. Ladles 100
3.92. Work under suspended loads at foundries 101
3.93. Moulds or chills for spare metal 101
Subdivision 3 — Welding and allied processes
3.94. Terms used 102
3.95. Atmosphere safety when welding etc. 102
3.96. Welding and allied processes to be in accordance with Standard 102
3.97. Protective screens 103
3.98. Flashback arresters 103
Subdivision 4 — Spray painting
3.99. Terms used 103
3.100. Spray painting generally to be inside booth 104
3.101. Electrostatic spray painting 105
Subdivision 5 — Abrasive blasting
3.102. Terms used 106
3.103. Blasting equipment 107
3.104. Blasting chambers and cabinets 108
3.105. Lighting and exits for blasting chambers 109
3.106. Persons doing abrasive blasting to be protected 109
3.107. Radioactive substances not to be used in abrasive blasting109
Subdivision 6 — Excavations and earthworks
3.108. Assessment in relation to excavations 110
3.109. Where person at risk due to excavation 110
3.110. No loads near excavation work 111
3.111. Shoring in excavations etc. 111
3.112. Certain excavation work not to be done in isolation 112
3.113. Stability of affected buildings etc. 113
Subdivision 7 — Demolition
3.114. Terms used 113
3.115. Application of Subdivision 115
3.116. Class 1, 2 or 3 demolition licences 115
3.117. Offence to do class 1, 2 or 3 demolition work unless licensed to do so and work to be done in accordance with conditions of licence116
3.118. Certain persons to ensure that persons doing class 1, 2 or 3 demolition work are licensed 117
3.119. Commissioner to be notified of intention to do class 1, 2 or 3 demolition work in accordance with Standard118
3.120. Application for Commissioner’s approval to do class 1, 2 or 3 demolition work not in accordance with Standard119
3.121. Commissioner to acknowledge receipt and result of application and may impose conditions 119
3.122. Class 1, 2 or 3 demolition work not to be done without notification or approval or until conditions set120
3.123. Demolition work other than class 1, 2 or 3 demolition work to be in accordance with Standard121
3.124. Class 1, 2 or 3 demolition work to be in accordance with Standard or approval 121
3.125. Certain documents to be at demolition workplaces 122
3.126. Demolition work involving asbestos 123
3.127. Limited entry to area where demolition work being done 123
3.128. Scaffold used in demolition work to be heavy duty scaffold124
Division 10 — Driving commercial vehicles
3.129. Application 126
3.130. Terms used 126
3.131. Driving commercial vehicles 127
3.132. Commercial vehicle operating standard 128
3.133. Driver fatigue management plan 130
3.134. Record of work time, breaks from driving, and non‑work time 130
Division 11 — Construction industry induction training
3.135. Terms used 131
3.136. Construction induction training requirements 132
Division 12 — Construction industry — consultation on hazards and safety management etc.
3.137. Terms used 132
3.138. Application of Division 134
3.139. Responsibilities of commercial clients 134
3.140. Responsibilities of designers 135
3.141. Responsibilities of main contractors 136
3.142. Occupational health and safety management plans 137
3.143. Safe work method statements 139
Part 4 — Plant
Division 1 — Preliminary
4.1. Terms used 141
Division 2 — Registration of plant design and items of plant
4.2. Design of kinds of plant in Schedule 4.1 to be registered 148
4.3. Application for registration of design of kinds of plant in Schedule 4.1 148
4.4. Design verifier to be independent of designer 149
4.5. Fee for design verifier who is an officer of the department149
4.6. Provision of further information 150
4.7. Commissioner may register design of kinds of plant in Schedule 4.1 150
4.8. Assessment fee 151
4.9. Procedure where testing required by Commissioner 151
4.10. Design registration number 152
4.11. Alteration to design of types of plant in Schedule 4.1 to be registered 152
4.12. Application for registration of alteration to plant design etc.152
4.13. Confidentiality of design information 153
4.14. Individual items of plant in Schedule 4.2 to be registered 153
4.15. Application for registration etc. of Schedule 4.2 items of plant 155
4.16. Provision of further information 156
4.17. Commissioner’s functions as to applications to register etc. Schedule 4.2 items of plant 156
4.18. Assessment fee 156
4.19. Registration number of Schedule 4.2 item of plant 156
4.19A. Registration number of classified plant or designated plant157
4.20. Registration numbers and evidence to be displayed 157
4.21. Commissioner may deregister items of plant 158
4.21A. Notification of permanent withdrawal of plant from service159
Division 3 — General duties applying to plant
Subdivision 1 — Kinds of plant to which this Division applies
4.22. Term used: plant 159
Subdivision 2 — Identification of hazards and assessing and addressing risks in relation to plant
4.23. Duties of persons who design plant 160
4.24. Duties of persons who manufacture plant 161
4.25. Duties of persons who import plant 163
4.26. Duties of persons who supply plant 163
4.27. Duties of erectors and installers of plant 164
4.28. Duties of certain persons in relation to plant 166
4.29. Possible means of reducing risks in relation to plant 168
Subdivision 3 — Information and general matters in relation to plant
4.30. Persons who design plant to provide information 171
4.30A. Persons who manufacture plant to obtain information 172
4.31. Persons who manufacture plant to provide information 173
4.31A. Persons who import new plant to obtain information 174
4.32. Persons who import plant to provide information 174
4.33. Persons who supply plant other than by way of hire or lease to provide information 175
4.34. Certain records to be kept in relation to plant 176
4.35. Duties of suppliers of plant by way of hire or lease 178
4.36. Duties of certain persons as to installation, commissioning etc. of plant 179
4.37. Duties of certain persons as to use of plant 180
4.37A. Duties of certain persons for the purposes of regulation 4.37(1)(b) or (c) 182
4.38. Duties of certain persons as to damaged plant 184
4.39. Duties of certain persons when design of plant is altered 185
4.40. Duties of certain persons as to dismantling, storing or disposing of plant 186
4.41. Plant not to be used etc. if a hazard unless in an emergency186
4.42. Mandatory markings not to be interfered with 187
Division 4 — Safety requirements in relation to certain types of plant
4.43 Plant under pressure 187
4.44. Powered mobile plant 188
4.45. Specific protection requirements for certain tractors and certain earthmoving machinery 191
4.46. Plant with hot or cold parts 192
4.48 Industrial robots etc. 193
4.49. Lasers 193
4.50. Nail guns 194
4.51. Explosive powered tools 195
4.52. Amusement structures 195
4.53. Plant that lifts, suspends or lowers people, equipment or materials 196
4.54. Additional requirements as to cranes, hoists and building maintenance units 199
4.55. Additional requirements as to industrial lift trucks 205
4.56. Lifts and general work on lifts 205
4.57. Construction and installation work of lifts 206
Part 5 — Hazardous substances
Division 1 — Preliminary
5.1. Terms used 209
5.2. Application 213
Division 2 — Hazardous substances generally
5.3. Determination of whether or not a substance is a hazardous substance 214
5.4. Commissioner to be notified of new hazardous substances214
5.5. Material Safety Data Sheets 214
5.6. Labelling etc. 216
5.7. Commissioner to be notified if generic name used for type II ingredients 216
5.8. Provision of information about hazardous substances 217
5.9. Ingredient disclosure to medical practitioners 218
5.10. Ingredient disclosure to persons who may be affected 219
5.11. Employers, main contractors and self‑employed persons to obtain and provide information 220
5.12. Duties of employers, main contractors and self‑employed persons as to labelling hazardous substances221
5.13. Register of hazardous substances 223
5.14. Certain uses of certain hazardous substances prohibited 223
5.15. Assessment in relation to hazardous substances 224
5.16. Assessment report 225
5.17. Subsequent assessments 225
5.18. Assessment reports to be available for inspection 226
5.19. Exposure standards not to be exceeded 226
5.20. Risks arising from hazardous substances to be reduced and means of reducing risks 226
5.21. Induction and training 227
5.22. Monitoring risks associated with hazardous substances 228
5.23. Health surveillance in relation to hazardous substances 228
5.24. Duties of appointed medical practitioners 229
5.25. Employers, main contractors and self‑employed persons to take remedial action 231
5.26. Periods for which records to be kept by employers, main contractors and self‑employed persons231
5.27. Commissioner to keep certain records as to hazardous substances 232
Division 3 — Certain carcinogenic substances
5.28. Terms used 232
5.29. Concentration of substances for Division 3 to apply 233
5.30. Commissioner to be informed if carcinogenic substances intended to be used at workplaces234
5.31. Schedule 5.4 and 5.6 substances not to be used at workplaces 235
5.32. Schedule 5.5 substances not to be used at workplaces unless for purpose approved by Commissioner236
5.32A. Articles containing Schedule 5.6 substances not to be used at workplaces 236
5.33. Commissioner to acknowledge receipt of notification and information and may impose conditions239
5.34. Carcinogenic substances not to be used until conditions set240
5.35. Duties of suppliers of carcinogenic substances 240
5.36. Information for Commissioner to be kept up to date 241
5.37. Employers and self‑employed persons to keep records in relation to carcinogenic substances241
5.38. Suppliers to keep records in relation to carcinogenic substances 242
5.39. Commissioner to keep certain records in relation to carcinogenic substances 243
5.40. Commissioner to be informed of certain matters as to carcinogenic substances 243
5.41. Persons who may be exposed to carcinogenic substances to be informed of certain matters244
Division 4 — Further requirements in relation to certain hazardous substances
Subdivision 1 — Asbestos
5.42. Terms used 245
5.43. Identification and assessment of asbestos hazards at workplaces 245
5.44. Asbestos removalist licences 246
5.45. Asbestos removal work 247
5.46. Register 248
5.47. Licence and Codes to be available 248
5.48. Commissioner may give certain directions as to asbestos at workplaces 249
5.49. Further duties as to exposure to asbestos dust 250
5.50. Asbestos cement building materials 250
5.51. Prohibition on use of compressed air and other techniques251
5.52. Waste asbestos material 251
Subdivision 2 — Lead
5.53. Terms used 251
5.54. Lead‑risk job assessment 254
5.55. Information for prospective employees 254
5.56. Health surveillance and counselling 254
5.57. Assessment of suitability for working in lead‑risk jobs 255
5.58. Induction and training 255
5.59. Frequency of biological monitoring 256
5.60. Duties of employers, main contractors and self‑employed persons in relation to work with lead257
5.61. Duties in relation to working with lead 258
5.62. Employee to notify if pregnant or breast‑feeding 258
5.63. When person to be removed from lead work 259
5.64. Return to lead work after removal 259
5.65. Records in relation to lead 260
5.66. Commissioner to keep certain records in relation to lead 261
5.67. Review of decisions concerning lead work 261
Subdivision 3 — Styrene
5.68. Term used: lower explosive limit 261
5.69. Styrene vapour to be minimised 261
5.70. Extracting styrene vapour from atmosphere 261
5.71. Emergency egress from workplaces where styrene monomer present 262
Subdivision 4 — Isocyanates
5.72. Terms used 262
5.73. Handling and using isocyanates 263
5.74. Decanting isocyanates 264
5.75. Ventilation required if containers heated 264
5.76. Decontamination of isocyanate containers and utensils 265
5.77. Spillage of isocyanates etc. 265
5.78. Workplace requirements 265
Part 6 — Performance of high risk work
Division 1 — Preliminary
6.1. Terms used 268
6.2. Requirement to hold high risk work licence to do high risk work 269
6.3. Certain equipment not to be left unattended while in use 270
Division 2 — Licences
6.4. Term used: licence 271
6.5. Applications for grant of licences 272
6.6. Decision to grant licence 272
6.7. Applications for variation of licences 273
6.8. Decision to vary licence 274
6.9. Applications for renewal of licences 275
6.10. Decision to renew licence 275
6.11. Duration of licence 275
6.12. Suspension of authority to do high risk work of a particular class 276
6.13. Cancellation of authority to do high risk work of a particular class and cancellation of licence277
6.14. Licence document 278
6.15. Notifying Commissioner of change of address 279
6.16. Duplicate licence document 280
6.17. Reassessment of competency to do high risk work of a particular class 280
Division 3 — Registration as an assessor
6.18. Term used: registration 280
6.19. Activity authorised by registration 281
6.20. Duties of assessors registered under this Division 281
6.21. Applications for registration 282
6.22. Decision to register an assessor 282
6.23. Applications for variation of registration 283
6.24. Decision to vary registration 283
6.25. Applications for renewal of registration 284
6.26. Decision to renew registration 284
6.27. Duration of registration 285
6.28. Suspension of registration in respect of a class of high risk work 286
6.29. Cancellation of registration in respect of a class of high risk work and cancellation of registration287
6.30. Certificates of registration 288
6.31. Duplicate certificate of registration 289
Division 4 — Miscellaneous
6.32. Registered training organisation to retain records 289
Part 7 — Repeal, savings and transitional
Division 1 — Original repeal, savings and transitional provisions
7.1. Terms used 290
7.2. Interpretation Act 1984 applies 290
7.3. Repeal 290
7.4. Dealing with audiograms recorded under certain previously repealed regulations 290
7.5. Existing accepted plant design deemed to be registered plant design under these regulations292
7.7. Existing classified plant with current certificate of inspection deemed to be registered under these regulations292
7.8. Existing “Part B” plant deemed to be registered under these regulations 293
Division 2 — Savings and transitional provisions relating to the Occupational Safety and Health Amendment Regulations (No. 3) 2007
Subdivision 1 — Preliminary
7.9. Terms used 294
7.10. Application of the Interpretation Act 1984 296
Subdivision 2 — Conversion to high risk work licence
7.11. Transition period 296
7.12. Effect of certificate of competency during transition period297
7.13. Operation of forklift during transition period 297
7.14. Suspension or cancellation of certificates of competency 298
7.15. Prohibition against operation of forklift 298
7.16. Applications for licences during transition periods 299
7.17. Decision to grant licence to holder of certificate of competency 300
7.18. Decision to grant licence to person who has documentary evidence of forklift competency 301
7.19. Unfinished applications for certificates of competency 302
Subdivision 3 — Assessors
7.20. Existing assessors 303
7.21. Existing assessors of forklift competency 304
7.22. Unfinished applications for registration as an assessor 306
Schedule 1 — Australian Standards and Australian/New Zealand Standards
Schedule 2 — Forms relating to general provisions
Schedule 3.1 — Guidelines and forms of guidance to be available for access by persons working at workplaces
Schedule 3.2 — Toxic paint substances
Division 1 — Solid components
Division 2 — Solvent components
Division 3 — Curing agents
Schedule 4.1 — Kinds of plant requiring registration of the design and alterations to design
Schedule 4.2 — Individual items of plant to be registered
Schedule 4.3 — Standards relating to design and other requirements in relation to certain plant
Schedule 5.1 — Description of ingredients
Type I ingredients 334
Type II ingredients 334
Type III ingredients 334
Schedule 5.2 — Hazardous substances prohibited for specified uses or methods of handling
Schedule 5.3 — Hazardous substances for which health surveillance is required
Schedule 5.4 — Carcinogenic substances to be used only for bona fide research
Schedule 5.5 — Carcinogenic substances to be used only for purposes approved by the Commissioner
Schedule 5.6 — Carcinogenic substances — asbestos
Schedule 6.1 — Rate payable for assessments and tests
Schedule 6.1A — Fees under Part 3 Division 9
Schedule 6.2 — Fees under Part 4 Division 2
Schedule 6.2A — Fees under Part 5 Division 4
Schedule 6.3 — High risk work
Division 1 — Preliminary
1. Terms used 348
Division 2 — Scaffolding work
2. Terms used 348
3. Scaffolding work, classes of high risk work 349
Division 3 — Dogging work and rigging work
4. Terms used 350
5. Dogging work and rigging work, classes of high risk work 351
Division 4 — Crane and hoist operation
6. Terms used 352
7. Crane and hoist operation, classes of high risk work 354
Division 5 — Forklift operation
8. Terms used 357
9. Forklift operation, classes of high risk work 357
Division 6 — Pressure equipment operation
10. Terms used 357
11. Pressure equipment operation, classes of high risk work 358
Schedule 6.4 — Fees under Part 6
Notes
Compilation table 361
Defined Terms
Western Australia
Occupational Safety and Health Act 1984
Occupational Safety and Health Regulations 1996
Part 1 — Preliminary and interpretation
Division 1 — Preliminary and definitions
1.1. Citation
These regulations may be cited as the Occupational Safety and Health Regulations 1996 1.
1.2. Commencement
These regulations come into operation on 1 October 1996.
1.3. Terms used
In these regulations, unless the contrary intention appears —
abrasive blasting, abrasive material, dry abrasive blasting and wet abrasive blasting have the respective meanings that they have in regulation 3.102;
approved means approved by the Commissioner;
AS followed by a designation refers to the Australian Standard having that designation that is published by Standards Australia and that is referred to in Schedule 1 and includes any amendment to the document made before the reference to the document is included in Schedule 1;
AS/NZS followed by a designation refers to the Australian/New Zealand Standard having that designation that is published by Standards Australia and the Standards Council of New Zealand under an Active Cooperation Agreement between those 2 bodies and that is referred to in Schedule 1 and includes any amendment to the document made before the reference to the document is included in Schedule 1;
asbestos has the meaning that it has in regulation 5.42;
Building Code means the Building Code of Australia 1990 published by or on behalf of the Australian Building Codes Board as amended from time to time and a reference in these regulations to the class of a building is a reference to the building’s classification under Part A3 of the Building Code;
building maintenance unit has the meaning that it has in regulation 4.1;
building or structure includes any erection, edifice, wall, chimney, fence, bridge, dam, reservoir, wharf, jetty, or ship or other floating structure, and includes any part of any of those things;
competent person, in relation to the doing of anything, means a person who has acquired through training, qualification or experience, or a combination of those things, the knowledge and skills required to do that thing competently;
construction site means a workplace at which construction work is done and includes any adjoining area where plant or other materials used or to be used in connection with that work are located or kept and over which the main contractor has control for the purpose of doing the construction work;
construction work means —
(a) the construction, erection, installation, alteration, repair, maintenance, cleaning, painting, renewal, removal, excavation, dismantling or demolition of, or addition to, any building or structure, or any work in connection with any of those things, that is done at or adjacent to the place where the building or structure is located;
(b) work on which a hoisting appliance or any scaffold or shoring is used or intended to be used;
(c) work in driving or extracting piles, sheet piles or trench sheet;
(d) work in laying any pipe or work in lining pipe that is done at or adjacent to the place where the pipe is laid or to be laid;
(e) work in sinking or lining or altering, repairing, maintaining, renewing, removing, or dismantling a well or borehole;
(f) road works, earthworks or reclamation; or
(g) work in laying an underground cable or work related to laying an underground cable that is done at or adjacent to the place where the cable is laid or to be laid;
crane has the meaning that it has in regulation 4.1;
danger tag means an accident prevention tag as referred to in section 5 of AS 1319 that is in the form of a danger sign within the meaning of that Standard;
demolition has the meaning that it has in regulation 3.114;
earthmoving machinery has the meaning it has in regulation 4.1;
exhaust system, in relation to a workplace, means a system by which dust, fumes, mist, gas, vapour or any other airborne particle is removed from the atmosphere of the workplace and includes —
(a) a collecting hood, ductwork and fan;
(b) an air cleaning filtration system; and
(c) an associated motor, collector bin or receptacle;
gas cylinder has the meaning that it has in regulation 4.1;
gear includes a ladder, plank, chain, rope, fastening, coupling, fitting, hoist‑block, stay, pulley, hanger, sling, brace or movable contrivance of a similar kind, used or intended for use on or in connection with construction work;
high risk work licence has the meaning given in regulation 6.1(1);
hoarding has the meaning that it has in regulation 3.66;
hoist has the meaning that it has in regulation 4.1;
main contractor means —
(a) the person for whose direct benefit all the work done at a construction site exists upon its completion; or
(b) if the person mentioned in paragraph (a) has engaged another person, other than as his or her employee, to do or cause to be done all the work at the construction site, the other person so engaged;
manufacturing process means a process in or incidental to the making, assembly, altering, repairing, renovating, preparing, ornamenting, finishing, cleaning, washing or adapting of any goods or of any other articles or part thereof for trade, sale or gain or as ancillary to a business;
medical practitioner means a person who is registered under the Medical Act 1894 2 and who has a current entitlement to practise under that Act;
person having control of a workplace means a person other than an employee who has, to any extent, control of a workplace where persons who are not employees of that person work or are likely to be in the course of that work and where the control is in connection with the carrying on by that person of a trade, business or undertaking (whether for profit or not); and includes a person who has, by virtue of a contract or lease, an obligation of any extent in relation to the maintenance or repair of a workplace;
person having control of access to a workplace means a person other than an employee who has, to any extent, control of the means of access to and egress from a workplace where the control is in connection with the carrying on by that person of a trade, business or undertaking (whether for profit or not); and includes a person who has, by virtue of a contract or lease, an obligation of any extent in relation to the maintenance or repair of the means of access to or egress from a workplace;
platform means the surface of a plank or other material that is used to provide access to, or egress from, a place, or for persons to stand on or load materials or other things onto, or is otherwise used as a working platform;
pressure vessel has the meaning that it has in regulation 4.1;
registered training organisation means an organisation registered by a body established under a law of a State or a Territory to register organisations that provide vocational education and training as defined in the Vocational Education and Training Act 1996 section 5;
scaffold has the meaning that it has in regulation 3.66;
supplied air respirator has the meaning that it has in regulation 3.37;
the regulation 1.15 penalty means the penalty specified in regulation 1.15;
the regulation 1.16 penalty means the penalty specified in regulation 1.16;
welding and allied process, in relation to welding, have the respective meanings that they have in regulation 3.94.
[Regulation 1.3 amended in Gazette 17 Dec 1999 p. 6228‑9; 8 Mar 2002 p. 961‑2; 25 Jun 2004 p. 2291; 22 Oct 2004 p. 4834; 14 Dec 2004 p. 6010; 24 Aug 2007 p. 4257; 31 Jul 2009 p. 3032.]
Division 2 — Interpretation
1.4. Responsibility of employers
Unless the contrary intention appears, where an employer has a duty under a provision of these regulations to do or not do something in relation to a workplace, the employer’s duty —
(a) relates only to a matter over which, and the extent to which, the employer has control or can reasonably be expected to have control having regard to the workplace and the work done or caused to be done by the employer or his or her employee; and
(b) is limited to himself or herself and to any other person who is —
(i) his or her employee; or
(ii) any other person who may be affected wholly or in part as a result of the work done or caused to be done by the employer or his or her employee.
1.5. Responsibility of self‑employed persons
Unless the contrary intention appears, where a self‑employed person has a duty under a provision of these regulations to do or not do something in relation to a workplace, the self‑employed person’s duty —
(a) relates only to a matter over which, and the extent to which, the self‑employed person has control or can reasonably be expected to have control having regard to the workplace and the work done or caused to be done by the self‑employed person; and
(b) is limited to himself or herself and to any other person who may be affected wholly or in part as a result of the work done or caused to be done by the self‑employed person.
1.6. Responsibility of main contractors
Unless the contrary intention appears, where a main contractor has a duty under a provision of these regulations to do or not do something in relation to a construction site, the main contractor’s duty —
(a) relates only to a matter over which, and the extent to which, the main contractor has control or can reasonably be expected to have control at the site; and
(b) is limited to any person who may be affected wholly or in part as a result of the work done at the site.
1.7. Responsibility of persons having control of a workplace
Unless the contrary intention appears, where a person having control of a workplace has a duty under a provision of these regulations to do or not do something in relation to the workplace, the person’s duty —
(a) relates only to a matter over which, and the extent to which, the person has control or can reasonably be expected to have control having regard to the person’s interest in the workplace; and
(b) is limited to persons who are at the workplace.
1.8. Responsibility of persons having control of access to a workplace
Unless the contrary intention appears, where a person having control of access to a workplace has a duty under a provision of these regulations to do or not do something in relation to the workplace, the person’s duty —
(a) relates only to a matter over which, and the extent to which, the person has control or can reasonably be expected to have control of the access to and egress from the workplace having regard to the person’s interest in the access to and egress from the workplace; and
(b) is limited to persons who use the access to and egress from the workplace.
1.9. References to employees
Unless the contrary intention appears, a reference in a provision of these regulations to an employee is to be treated as a reference to an employee who works at the workplace to which the provision applies but, if used in association with a reference to a workplace or to an employer, the reference is to be treated as limited to an employee who works at that workplace or to an employee of that employer.
1.10. References to workplaces
Unless the contrary intention appears, a reference in a provision of these regulations to a workplace if used in association with a reference to —
(a) an employer, is to be treated as limited to the workplace in respect of which that person is the employer;
(b) an employee, is to be treated as limited to the workplace at which that employee works;
(c) a self‑employed person, is to be treated as limited to the workplace at which work is done or caused to be done by that person.
1.11. Term used: NOHSC
(1) A reference in any provision of these regulations to a document which has NOHSC in its name or code is a reference to the document of that name or code that is published by the National Occupational Health and Safety Commission and includes, subject to this regulation, any amendment to the document made before that provision comes into operation.
(2) A reference in any provision of these regulations to the National Exposure Standards [NOHSC: 1003 (1995)] is a reference to the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 1003 (1995)] and includes any amendment to the document made before 1 September 2005.
(3) A reference in any provision of these regulations to the Guidance Note on the Interpretation of Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 3008 (1995)] includes any amendment to the document made before 4 January 2005.
[Regulation 1.11 amended in Gazette 12 Sep 1997 p. 5176‑7; 8 Mar 2002 p. 962; 7 Jan 2005 p. 77; 27 Apr 2007 p. 1776.]
1.12. Application of Standards etc.
Where a provision of these regulations requires a person to comply with —
(a) an Australian Standard published by Standards Australia;
(b) an Australian/New Zealand Standard published by Standards Australia and the Standards Council of New Zealand under an Active Cooperation Agreement between those 2 bodies; or
(c) a standard or other document published by the National Occupational Health and Safety Commission,
that provision is to be treated as requiring compliance only to the extent that it is not inconsistent with these regulations.
[Regulation 1.12 amended in Gazette 22 Oct 2004 p. 4834.]
1.13. Technical terms
In these regulations, unless the contrary intention appears, technical terms not otherwise defined have the respective meanings ordinarily ascribed to them in the industry in relation to which the term is used.
1.14. AS or AS/NZS reference in Schedule 1
Failure to include the number of the regulation in which a reference is made to an AS or AS/NZS designation in the regulation reference for that designation in Schedule 1 does not invalidate the reference to that designation in the regulation.
[Regulation 1.14 inserted in Gazette 17 Dec 1999 p. 6229.]
1.15. Penalty for breaches by employees and others
(1) Subregulation (2) applies where “the regulation 1.15 penalty” is specified in a penalty provision at the foot of a regulation or subregulation.
(2) The applicable penalty is —
(a) for a first offence, $5 000; and
(b) for a subsequent offence, $6 250.
[Regulation 1.15 inserted in Gazette 14 Dec 2004 p. 6010.]
1.16. Penalty for breaches by employers and others
(1) Subregulation (2) applies where “the regulation 1.16 penalty” is specified in a penalty provision at the foot of a regulation or subregulation.
(2) The applicable penalty is —
(a) in the case of an individual —
(i) for a first offence, $25 000; and
(ii) for a subsequent offence, $31 250;
or
(b) in the case of a body corporate —
(i) for a first offence, $50 000; and
(ii) for a subsequent offence, $62 500.
[Regulation 1.16 inserted in Gazette 14 Dec 2004 p. 6010.]
Part 2 — General
Division 1 — Matters prescribed for purposes of the Act
2.1. Prescribed laws for the purposes of section 14(1)(b) of the Act
The laws and provisions of laws relating to occupational safety and health that are set out in the Table to this regulation are prescribed for the purposes of section 14(1)(b) of the Act.
Table
|
Law |
Provisions of that law |
|
Mines Safety and Inspection Act 1994 |
All |
2.2. Introductory and transitional courses for, and entitlements under section 35(3) of, safety and health representatives
(1) This regulation applies where, under section 14(1)(h) of the Act, the Commission —
(a) accredits a training course designed for safety and health representatives to attend, subject to course availability, during the first year of holding office; or
(b) accredits a training course designed to update the knowledge of safety and health representatives who have completed an introductory course.
(2) In this regulation —
introductory course means a course of a kind referred to in subregulation (1)(a) accredited as referred to in that provision;
representative means a safety and health representative;
transitional course means a course of a kind referred to in subregulation (1)(b) accredited as referred to in that provision.
(3) A representative, subject to the availability of introductory courses, is to endeavour to attend an introductory course within the first 12 months of being elected.
(4) A representative who has not previously attended an introductory course may give to his or her employer notice in writing in accordance with subregulation (4b) that the representative wishes to attend an introductory course.
(4a) A representative who has previously attended an introductory course but completed it before March 2005 may, if the representative has not completed a transitional course after February 2005, give to his or her employer notice in writing in accordance with subregulation (4b) that the representative wishes to attend a transitional course.
(4b) Notice under subregulation (4) or (4a) that a representative wishes to attend a course has to be given not less than 21 days, or a shorter period agreed between the representative and the employer, before the commencement of the course.
(5) If a representative has given notice under subregulation (4) or (4a) that he or she wishes to attend a course then the employer, subject to subregulation (7), is to permit the representative to take off work, with pay, such time, not exceeding 5 days, as is required for the purpose of attending that course.
(6) An employer who has been given notice under subregulation (4) or (4a) by a representative wishing to attend a course may consult with the representative or the relevant trade union concerning the attendance of the representative at that course and, in those consultations, due regard is to be given to the need to minimise any adverse effect on the operation of the business of the employer.
(7) If the employer has consulted under subregulation (6) with the representative or trade union concerned, the employer may decline to permit attendance at the course as wished but instead permit attendance at the next course of the same kind available that the representative wishes to attend.
(8) The pay to which a representative is entitled in respect of time the representative is permitted to take off work to attend an introductory course or a transitional course must be calculated at the representative’s ordinary rate of pay on the time that the representative would ordinarily have worked had the representative worked his or her scheduled work time —
(a) including —
(i) regular over award payments for ordinary hours of work;
(ii) shift work premiums according to roster or projected roster including Saturday or public holiday shift;
(iii) industry allowances;
(iv) climatic, regional, and other like allowances;
(v) first aid allowances;
(vi) tool allowances;
(vii) qualification allowances;
(viii) service grants made on a regular basis;
(ix) experience allowances; and
(x) any penalty rates that are paid in relation to actual hours worked or payment of which are guaranteed by a contract of service whether the hours were required to be worked or not;
(b) but not including —
(i) overtime payments (except if they form part of the contract of service);
(ii) camping allowances;
(iii) travelling allowances;
(iv) disability rates such as for confined spaces and dirty work;
(v) car allowances; or
(vi) meal allowances,
but nothing in this subregulation excludes an entitlement to additional payments that may be set out in an award or agreed between the employer and the representative as being applicable.
(9) An employer must not alter the conditions or remuneration of a person who is a representative to the detriment of that person unless the alteration is in accordance with this regulation.
Penalty:
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
(10) Attendance at an introductory course or a transitional course is to be regarded as service for the purposes of ascertaining any entitlement under an award.
(11) In subregulation (8) —
award means —
(a) an award under the Industrial Relations Act 1979, and includes any industrial agreement or order under that Act;
(b) an award or order that has been reduced to writing under section 143(1) of the Industrial Relations Act 1988 of the Commonwealth;
(c) an enterprise flexibility agreement within the meaning of the Industrial Relations Act 1988 of the Commonwealth; or
(d) an award under the Coal Industry Tribunal of Western Australia Act 1992, and includes any order under that Act and any agreement that comes within section 12(4) or 17(1) of that Act.
[Regulation 2.2 amended in Gazette 15 Aug 2003 p. 3689; amended in Gazette 14 Dec 2004 p. 6016; 4 Mar 2005 p. 881‑3.]
2.3. Subsequent courses for, and entitlements under section 35(3) of, safety and health representatives
(1) This regulation applies where, under section 14(1)(h) of the Act, the Commission accredits a training course suitable for attendance by safety and health representatives, subject to course availability, during each 2 year term of holding office following the first 2 year term.
(2) In this regulation —
post‑introductory course means a course of a kind referred to in subregulation (1);
representative means a safety and health representative.
(3) A representative may take such time (with or without pay as is agreed between the representative and his or her employer) off work for the purpose of attending a post‑introductory course as is agreed with his or her employer.
(4) Attendance at a post‑introductory course is to be regarded as service for the purposes of ascertaining any entitlement under an award.
2.4. Notification under section 23I of certain injuries
(1) For the purposes of section 23I(2)(a) of the Act, the kinds of injury incurred by an employee to be notified by an employer to the Commissioner are —
(a) a fracture of the skull, spine or pelvis;
(b) a fracture of any bone —
(i) in the arm, other than in the wrists or hand;
(ii) in the leg, other than a bone in the ankle or foot;
(c) an amputation of an arm, a hand, finger, finger joint, leg, foot, toe or toe joint;
(d) the loss of sight of an eye;
(e) any injury other than an injury of a kind referred to in paragraphs (a) to (d) which, in the opinion of a medical practitioner, is likely to prevent the employee from being able to work within 10 days of the day on which the injury occurred.
(2) For the purposes of section 23I(3) of the Act, notification of an injury to which section 23I(2)(a) of the Act applies is to be made —
(a) in the form of Form 1 in Schedule 2; or
(b) by telephone.
(3) The prescribed particulars for the purposes of the notification of an injury to which section 23I(2)(a) of the Act applies are —
(a) name and business address of the employer;
(b) name, sex and occupation of the employee;
(c) address of the place at which the injury was incurred;
(d) date and time the injury was incurred;
(e) brief description of how the injury was incurred and the type of machine or equipment, if any, involved;
(f) nature of the injury or, where applicable, report of death; and
(g) the place to which the employee has been taken.
[Regulation 2.4 amended in Gazette 14 Dec 2004 p. 6011.]
2.5. Notification under section 23I of certain diseases
(1) For the purposes of section 23I(2)(a) of the Act, the kinds of disease affecting an employee to be notified by an employer to the Commissioner are the diseases set out in column 1 of the Table to this regulation that have been contracted in the course of the kind of work set out opposite that disease in column 2 of the Table.
Table
|
Disease |
Work |
|
1. Infectious diseases: tuberculosis viral hepatitis legionnaires’ disease HIV |
Work involving exposure to human blood products, body secretions, excretions or other material which may be a source of infection |
|
2. Occupational zoonoses: Q fever Anthrax Leptospiroses Brucellosis |
Work involving the handling of or contact with animals, animal hides, skins, wool, hair, carcasses or animal waste products |
(2) For the purposes of section 23I(3) of the Act, notification of a disease to which section 23I(2)(a) of the Act applies is to be made —
(a) in the form of Form 2 in Schedule 2; or
(b) by telephone.
(3) The prescribed particulars for the purposes of the notification of a disease to which section 23I(2)(a) of the Act applies are —
(a) name and business address of the employer;
(b) name, sex and occupation of the employee;
(c) name and address of the workplace where the employee works;
(d) name of the disease; and
(e) date of diagnosis of the disease.
[Regulation 2.5 amended in Gazette 14 Dec 2004 p. 6011.]
2.6. Default procedure for resolution of issues
(1) If no procedure has been agreed between an employer and employees for the resolution of issues relating to occupational safety and health arising at the workplace then this regulation applies for the purposes of section 24(2) of the Act.
(2) Subject to subregulation (3), where there is a safety and health representative in respect of the workplace the employer is to arrange to meet with the employees and that representative at a time that is as soon after the issue arises as is mutually convenient.
(3) Where there is a safety and health representative in respect of the workplace but it is not practicable for the employer to meet with the employees and that representative within a reasonable time, the employer is to communicate orally with the employees and that representative at a time that is as soon after the issue arises as is mutually convenient.
(4) Where there is not a safety and health representative in respect of the workplace concerned, the employer is to arrange to meet with the employees or a person authorised by them to represent them at that meeting at a time that is as soon after the issue arises as is mutually convenient.
[2.7. Deleted in Gazette 6 Jan 2006 p. 11.]
2.8. References of improvement notice or prohibition notice for review and further review
(1) A reference under section 51(1) of the Act of an improvement notice issued under section 48 of the Act for review is to be made in the form of Form 4 in Schedule 2.
(2) A reference under section 51(1) of the Act of a prohibition notice issued under section 49 of the Act for review is to be made in the form of Form 5 in Schedule 2.
(3) Form 7 in Schedule 1 to the Industrial Relations Commission Regulations 2005 in the form in which it is in force on 1 September 2005 is prescribed as the form to be used for a reference under section 51A(1) of the Act of a matter to the Tribunal for further review.
[Regulation 2.8 amended in Gazette 1 Apr 2005 p. 1067; 9 Dec 2005 p. 5898.]
2.8A. Persons who are trainees for the purposes of the Act
(1) This regulation relates to the definition of trainee in section 3(1) of the Act.
(2) The class of persons who are trainees for the purposes of the Act are persons who are taking part in a traineeship scheme within the meaning of that term in the Industrial Training Act 1975 3.
[Regulation 2.8A inserted in Gazette 14 Dec 2004 p. 6011.]
2.8B. Training courses for qualified representative under section 51AB
(1) Each course of training described in subregulation (2) is prescribed for the purposes of the definition of qualified representative in section 51AB.
(2) The prescribed courses are —
(a) a course that was an introductory course, as defined in regulation 2.2(2), and that the safety and health representative completed after February 2005; and
(b) a course that was a transitional course, as defined in regulation 2.2(2), and that the safety and health representative completed after February 2005 after having, before March 2005, completed a course that was an introductory course, as defined in regulation 2.2(2).
[Regulation 2.8B inserted in Gazette 4 Mar 2005 p. 883.]
Division 2 — Administrative provisions
2.9. Marking of plant
If an inspector issues an improvement notice or a prohibition notice that relates to any plant at a workplace then the inspector may mark the plant, or any part of it, to indicate that it is not to be used and a person must not —
(a) use, or cause to be used, any plant, or any part of it, that is marked to indicate that it is not to be used; or
(b) without the authority of an inspector to do so, remove, obliterate, or otherwise interfere with the mark.
Penalty for a person who commits the offence as an employee: the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 2.9 amended in Gazette 14 Dec 2004 p. 6017.]
2.10. Local government to notify Commissioner of construction work permits
Each local government is to notify the Commissioner, in an approved form and within the first week of each month, of all permits issued by the local government within the previous month in relation to the commencement of construction work in the local government’s district.
2.11. Medical examinations
(1) The Commissioner may, by written notice, direct an employer to arrange at the expense of the employer and within the time specified in the notice a medical examination of an employee whose name is specified in the notice.
(2) The Commissioner is to set out in any notice under subregulation (1) the purpose of the proposed medical examination.
(3) The Commissioner is to ensure that, before the medical examination is conducted, the employee is advised of the nature of, and the reasons for, the medical examination so that the employee is sufficiently informed for the purposes of making a choice in the selection of a medical practitioner.
(4) For the purposes of selecting a medical practitioner to conduct a medical examination under this regulation, an employer must consult with the employee to be examined and give the employee a reasonable choice in the selection of the medical practitioner.
(5) An employer must comply with a notice under subregulation (1) unless the employee does not agree to the selection of the medical practitioner or consent to undergoing the examination, proof of which is on the employer.
(6) A medical practitioner who conducts an examination under this regulation must —
(a) explain any test results to the employee and give the employee a copy of any test results;
(b) give to the employee a copy of any medical report based on the test results or medical examination;
(c) give a copy of the test results to the Commissioner; and
(d) on the written request of the person examined, supply the medical practitioner’s findings on the examination to another medical practitioner who has been nominated by the person examined.
(7) The Commissioner is to inform the employer of —
(a) the outcome of the medical examination; and
(b) any need for remedial action.
(8) The employer must ensure that the results of a medical examination under this section are treated as confidential records.
Penalty applicable to subregulations (4), (5), (6) and (8):
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 2.11 amended in Gazette 14 Dec 2004 p. 6012.]
2.12. Exemption where substantial compliance
(1) A person may apply to the Commissioner for a person who, or a workplace which, does not fully comply with a requirement of these regulations to be exempted from the requirement and the application is to be in an approved form.
(2) If, on an application under subregulation (1), the Commissioner is satisfied that there is substantial compliance with the relevant requirements of these regulations then the Commissioner may exempt the person or workplace from the requirement and the exemption is to be in writing and may be made subject to such conditions as are specified by the Commissioner.
(3) If the Commissioner imposes a condition in relation to an exemption granted under subregulation (2) then a person having the benefit of the exemption must comply with the condition.
Penalty for a person who commits the offence as an employee: the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
(4) The Commissioner may, at any time, revoke an exemption granted under subregulation (2) and the revocation takes effect on the day on which notice of the revocation posted to the person’s last known address would have been delivered in the ordinary course of post.
[Regulation 2.12 amended in Gazette 14 Dec 2004 p. 6017.]
2.13. Exemption where compliance unnecessary or impracticable
(1) A person may apply to the Commissioner for a person or a workplace to be exempted from complying with a requirement of these regulations and the application is to be in an approved form.
(2) If, on an application under subregulation (1), the Commissioner is satisfied that compliance with any requirement of these regulations would be unnecessary or impracticable then the Commissioner may exempt the person or workplace from the requirement and the exemption is to be in writing and may be made subject to such conditions as are specified by the Commissioner.
(3) If the Commissioner imposes a condition in relation to an exemption granted under subregulation (2), a person having the benefit of the exemption must comply with the condition.
Penalty for a person who commits the offence as an employee: the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
(4) The Commissioner may, at any time, revoke an exemption granted under subregulation (2) and the revocation takes effect on the day on which notice of the revocation posted to the person’s last known address would have been delivered in the ordinary course of post.
[Regulation 2.13 amended in Gazette 14 Dec 2004 p. 6017.]
2.14. Exemption from fees
If the Commissioner is satisfied that plant —
(a) is owned by a charitable non‑profit making institution or organisation; or
(b) is used solely for the purpose of education or instruction,
then the Commissioner may, by notice in the Government Gazette, exempt a person who would otherwise be liable to pay a fee under these regulations in relation to that plant from that liability.
Division 3 — Review of decisions under these regulations
2.15. Review of decisions by persons other than Commissioner
(1) This regulation applies in respect of a decision made under these regulations by a person other than the Commissioner, whether or not the decision was made by that person as a delegate of the Commissioner.
(2) A person who is not satisfied with a decision referred to in subregulation (1) may, within 14 days of receiving notice of the decision, refer the decision to the Commissioner for review setting out the grounds upon which a review of the decision is sought.
(3) On reference of a decision to the Commissioner for review under this regulation the Commissioner is to inquire into the circumstances relevant to the decision and may —
(a) affirm the decision;
(b) set aside the decision; or
(c) substitute for the decision any decision that the Commissioner considers should have been made in the first instance,
and the determination of the matter by the Commissioner is to have effect according to its tenor.
2.16. Review of Commissioner’s decisions
(1) In this regulation —
decision means —
(a) a decision made under these regulations by the Commissioner himself or herself; and
(b) a determination of the Commissioner under regulation 2.15(3),
but does not include a decision made by a person acting as a delegate of the Commissioner.
(2) A person who is not satisfied with a decision may, within 14 days of receiving notice of the decision and in the form of Form 6 in Schedule 2 refer the decision to a safety and health magistrate for review setting out the grounds upon which a review of the decision is sought and giving to the Commissioner a copy of the reference.
(3) On reference of a decision to a safety and health magistrate for review under this regulation, the safety and health magistrate is to inquire into the circumstances relevant to the decision and may —
(a) affirm the decision;
(b) set aside the decision; or
(c) substitute for the decision any decision that the safety and health magistrate considers the Commissioner should have made in the first instance,
and the determination of the matter by the safety and health magistrate is to be final.
Part 3 — Workplace safety requirements
Division 1 — General duties applying to workplaces
3.1. Identification of hazards, and assessing and addressing risks, at workplaces
A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must, as far as practicable —
(a) identify each hazard to which a person at the workplace is likely to be exposed;
(b) assess the risk of injury or harm to a person resulting from each hazard, if any, identified under paragraph (a); and
(c) consider the means by which the risk may be reduced.
Penalty: the regulation 1.16 penalty.
[Regulation 3.1 amended in Gazette 14 Dec 2004 p. 6018.]
3.2. Persons at workplaces to have access to Act etc.
A person who, at a workplace, is an employer or the main contractor must ensure that, as soon as practicable following a request from a person who works at the workplace, there is available for that person’s perusal an up to date copy of —
(a) the Act;
(b) these regulations;
(c) all Australian Standards, Australian/New Zealand Standards and NOHSC documents or parts of those Standards or documents referred to in these regulations that apply to that workplace;
(d) all codes of practice approved under section 57 of the Act that apply to that workplace; and
(e) guidelines or forms of guidance referred to in section 14 of the Act —
(i) the titles of which have been published in the Government Gazette and which are set out in Schedule 3.1; and
(ii) which apply to that workplace.
Penalty:
(a) in the case of an individual —
(i) for a first offence, $2 000; and
(ii) for a subsequent offence, $2 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $4 000; and
(ii) for a subsequent offence, $5 000.
[Regulation 3.2 amended in Gazette 14 Dec 2004 p. 6012.]
3.3. Communication with isolated employees
If an employee is isolated from other persons because of the time, location or nature of the work then the employer must ensure that —
(a) there is a means of communication available which will enable the employee to call for help in the event of an emergency; and
(b) there is a procedure for regular contact to be made with the employee and the employee is trained in the procedure.
Penalty: the regulation 1.16 penalty.
[Regulation 3.3 amended in Gazette 14 Dec 2004 p. 6018.]
3.4. Manual handling
(1) In this regulation —
manual handling means any activity requiring the use of force exerted by a person to lift, lower, push, pull, carry or otherwise move, hold or restrain a person, animal or thing.
(2) Without limiting regulation 3.1, a person who, at a workplace, is an employer, the main contractor or a self‑employed person must, as far as practicable —
(a) identify each hazard that is likely to arise from manual handling at the workplace;
(b) assess the risk of injury or harm to a person resulting from each hazard, if any, identified under paragraph (a); and
(c) consider the means by which the risk may be reduced.
Penalty: the regulation 1.16 penalty.
[Regulation 3.4 amended in Gazette 14 Dec 2004 p. 6018.]
3.5. Reports of hazards etc. to be investigated
If an employer receives from an employee a report of a kind described in section 20(2)(d) of the Act or from a safety and health representative under section 33(1)(d) of the Act then the employer must, within a reasonable time, investigate the situation that has been reported.
Penalty: the regulation 1.16 penalty.
[Regulation 3.5 amended in Gazette 14 Dec 2004 p. 6018.]
3.6. Movement around workplaces
A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must, where practicable, ensure that the workplace is arranged so that —
(a) persons are able to move safely within the workplace; and
(b) passages for the purpose of enabling persons to move within the workplace are at all times kept free of obstructions.
Penalty: the regulation 1.16 penalty.
[Regulation 3.6 amended in Gazette 14 Dec 2004 p. 6018.]
3.7. Access to and egress from workplaces
A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of access to the workplace must, where practicable, ensure that the means of access to and egress from the workplace —
(a) enable persons to move safely to and from the workplace; and
(b) are at all times kept free of obstructions.
Penalty: the regulation 1.16 penalty.
[Regulation 3.7 amended in Gazette 14 Dec 2004 p. 6018.]
3.8. Emergency egress from workplaces
A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of access to the workplace must ensure that the means of emergency egress from the workplace enable safe egress from the workplace in the event of an emergency.
Penalty: the regulation 1.16 penalty.
[Regulation 3.8 amended in Gazette 14 Dec 2004 p. 6018.]
3.9. Fire precautions
(1) If there is a risk of fire at a workplace then a person who, at the workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must, as far as practicable —
(a) provide regularly maintained and efficient portable fire extinguishers to control any fire likely to arise from the work being done at the workplace; and
(b) ensure that portable fire extinguishers are located and distributed at the workplace in accordance with AS 2444.
Penalty: the regulation 1.16 penalty.
(2) If, in any part of a workplace —
(a) there are goods or materials which in the event of a fire are likely to burn with extreme rapidity, emit poisonous fumes or cause explosions; and
(b) there is a risk of harm or injury to a person at the workplace resulting from the goods or materials being ignited,
then a person who, in the case of a construction site, is the main contractor or who, in the case of any other workplace, is an employer or a self‑employed person, must ensure, where practicable, that no person smokes or introduces a naked flame into that part of the workplace.
Penalty: the regulation 1.16 penalty.
(3) A person must comply with a direction given for the purposes of subregulation (2).
Penalty for a person who commits the offence as an employee: the regulation 1.15 penalty.
Penalty in any other case: the regulation 1.16 penalty.
[Regulation 3.9 amended in Gazette 14 Dec 2004 p. 6017 and 6018.]
3.10. Evacuation procedures
A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that —
(a) there is an evacuation procedure to be followed in the event of fire or other emergency at the workplace;
(b) where practicable, the evacuation procedure is clearly and prominently displayed at the workplace;
(c) where practicable, a diagram showing the location of exits and the position of the diagram in relation to the exits is clearly and prominently displayed at the workplace;
(d) where practicable, the evacuation procedure is practised at the workplace at reasonable intervals; and
(e) persons at the workplace who would be required to help control or extinguish a fire at the workplace are appropriately trained and provided with appropriate protective clothing and equipment.
Penalty: the regulation 1.16 penalty.
[Regulation 3.10 amended in Gazette 14 Dec 2004 p. 6018.]
3.11. Warning signs
Without limiting any other requirement of these regulations for the display of signs, if, in an area of a workplace there is a hazard which may not be readily apparent to a person working in or entering the area then a person who, at the workplace, is an employer, the main contractor, a person having control of the workplace or a person having control of access to the workplace must ensure that —
(a) a sign relevant to each hazard is displayed to persons in or entering the area; and
(b) the sign complies, and is used in accordance, with AS 1319.
Penalty: the regulation 1.16 penalty.
[Regulation 3.11 amended in Gazette 14 Dec 2004 p. 6018.]
3.12. First aid
(1) In this regulation —
first aid means the immediate treatment or care of a person who is injured or who becomes ill at a workplace.
(2) A person who, at a workplace, is an employer, the main contractor or a self‑employed person —
(a) must provide such first aid facilities as are appropriate having regard to —
(i) the type of hazards to persons at the workplace and the risk of those hazards; and
(ii) the number of persons at the workplace;
and
(b) must ensure that, as far as practicable, persons trained in first aid are available to give first aid at the workplace having regard to —
(i) the type of hazards to persons at the workplace and the risk of those hazards; and
(ii) the number of persons at the workplace.
Penalty: the regulation 1.16 penalty.
[Regulation 3.12 amended in Gazette 14 Dec 2004 p. 6018.]
3.13. Lighting
A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that lighting for the workplace from natural or artificial sources or both —
(a) is adequate having regard to the nature and location of the work being done; and
(b) without limiting regulation 3.6, is adequate for the movement of persons about the workplace.
Penalty: the regulation 1.16 penalty.
[Regulation 3.13 amended in Gazette 14 Dec 2004 p. 6018.]
3.14. Work space generally
An employer must, as far as practicable, provide each employee with sufficient space in which to work without risk to the employee’s safety and health.
Penalty: the regulation 1.16 penalty.
[Regulation 3.14 amended in Gazette 14 Dec 2004 p. 6018.]
3.15. Air temperature
An employer must ensure —
(a) that work practices are arranged so that employees are protected from extremes of heat and cold; and
(b) if the workplace is in a building or structure that, as far as practicable, heating and cooling are provided to enable employees to work in a comfortable environment.
Penalty:
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 3.15 amended in Gazette 14 Dec 2004 p. 6016.]
3.16. Water
(1) A person who, at a workplace, is an employer or the main contractor must ensure that a supply of clean, cool, drinking water is provided for, and is readily accessible to, persons working at the workplace, and that the outlet is in a place —
(a) where the water supply is unlikely to be contaminated; and
(b) other than a place in which a toilet is located.
(2) If, at a workplace —
(a) water is provided for use in industrial processes or for fire protection;
(b) the water is unfit for drinking; and
(c) it is not readily apparent that the water is unfit for drinking,
then a person who, at the workplace, is an employer or the main contractor or a person having control of the workplace must ensure that conspicuous notices are posted at points of supply clearly marked “UNFIT FOR DRINKING” or with words having a similar effect.
Penalty applicable to subregulations (1) and (2):
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 3.16 amended in Gazette 14 Dec 2004 p. 6012.]
3.17. Cleanliness and removal of debris
(1) A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that —
(a) the workplace and other areas ancillary to the workplace are maintained in such clean condition as is necessary to avoid hazards to persons at the workplace;
(b) where practicable, rubbish and debris are removed by mechanical means; and
(c) as far as practicable, dust is prevented from being released into the atmosphere.
(2) A person who, at a construction site, is the main contractor, an employer or a self‑employed person must ensure that rubbish, building material and plant is stored away from footpaths and roadways at the site.
(3) A person who, at a construction site, is the main contractor, an employer, or a self‑employed person must ensure that debris from first and subsequent storeys at the site is removed by means of —
(a) a hoisting appliance; or
(b) a completely enclosed chute discharging either into disposal hoppers or into an area which is completely enclosed by a hoarding that is at least 2 metres in height.
Penalty applicable to subregulations (1), (2) and (3): the regulation 1.16 penalty.
[Regulation 3.17 amended in Gazette 14 Dec 2004 p. 6018.]
3.18. Surfaces and floors
(1) A person who, at a workplace, is an employer, the main contractor, a self‑employed person, a person having control of the workplace or a person having control of access to the workplace must ensure that as far as practicable —
(a) the floor of the workplace; or
(b) any stair or ramp in the workplace,
has an unbroken and slip resistant surface and is free from any obstruction that may cause a person to trip or fall.
(2) If, at a workplace, there is a risk of liquids coming into contact with a floor because of the nature of work done at the workplace then a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that the floor is designed and constructed to provide adequate drainage.
(3) This regulation does not apply to a natural ground surface comprising a floor.
Penalty applicable to subregulations (1) and (2): the regulation 1.16 penalty.
[Regulation 3.18 amended in Gazette 14 Dec 2004 p. 6018.]
3.19. Seating
(1) If an employee’s work is done from a sitting position or is of a kind that can be satisfactorily done from a sitting position then the employer must provide and maintain seating —
(a) that is designed having regard to the nature of the work to be performed and the characteristics of the work station;
(b) that is strongly constructed, stable, comfortable and of suitable size and height for the employee; and
(c) if practicable, has a backrest or is otherwise designed to provide back support.
(2) If an employee’s work is done from a standing position and the employee’s work allows the employee to sit from time to time then, to the extent practicable, the employer must provide and maintain seating so that the employee may sit down for the periods when the employee is not working.
Penalty applicable to subregulations (1) and (2):
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 3.19 amended in Gazette 14 Dec 2004 p. 6013.]
3.20. Workplace facilities
(1) In this regulation —
other facility means an area for the changing of clothes, showering, eating, drinking or resting;
sanitary facilities means toilets (including urinals), hand‑wash basins and units for the disposal of sanitary items.
(2) A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that there are provided at the workplace for the use of persons working at the workplace —
(a) reasonable sanitary facilities, having regard to the reasonable requirements of the persons working at the workplace;
(b) convenient access to sanitary facilities; and
(c) any other facility if the safety or health of a person working at the workplace would be at risk if the facility were not provided.
Penalty:
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 3.20 amended in Gazette 14 Dec 2004 p. 6016.]
3.21. Drawings showing location of certain services
(1) If there is a risk that work to be conducted at a workplace might interfere with any gas, water, sewerage or electrical service then a person who, at the workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that —
(a) the location of the service that might be affected is established; and
(b) an accurate diagrammatic representation of the service that might be affected is available at the workplace before the work commences.
(2) If any person causes the location of any gas, water, sewerage or electrical service to a workplace to be changed then a person who, at the workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure that an accurate diagrammatic representation of the change to the service is either prepared or amended, as the case requires, to show the change.
(3) A person who, at a workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must ensure, where practicable, that “as constructed” drawings showing the location of gas, water, sewerage and electrical service to the workplace are kept at the workplace.
Penalty applicable to subregulations (1), (2) and (3):
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 3.21 amended in Gazette 14 Dec 2004 p. 6013.]
3.22. Management of vehicles and moving plant at workplaces
A person who, at a workplace, is an employer, the main contractor or a person having control of the workplace must ensure that the movement and speed of vehicles and plant at the workplace are managed in a way that minimises the risk of injury to pedestrians and persons operating vehicles.
Penalty:
(a) in the case of an individual —
(i) for a first offence, $10 000; and
(ii) for a subsequent offence, $12 500;
or
(b) in the case of a body corporate —
(i) for a first offence, $20 000; and
(ii) for a subsequent offence, $25 000.
[Regulation 3.22 amended in Gazette 14 Dec 2004 p. 6016.]
3.23. Protection of persons and property in vicinity of cranes
(1) If any material or gear is being lifted, lowered or otherwise moved by a crane at a construction site then the main contractor must ensure that persons and vehicles are prevented from entering any area in or adjacent to the site where there is a risk of injury to persons or damage to property occurring as a result of the movement of the material or gear, and that such prevention is —
(a) by means of warning signs, flashing lights, barriers, traffic controllers or other means as would be appropriate to the nature of the load; and
(b) with the minimum amount of disruption to persons and traffic in the area.
(2) If an area of a construction site where any material or gear is being lifted, lowered or otherwise moved from or onto the area is open to the public or if an inspector so requires it then a person who, at the site, is the main contractor, an employer, or a self‑employed person must ensure that there is either in place or available in the area a system or device that would prevent persons or vehicles entering the area when the material or gear is being lifted, lowered or otherwise moved.
(3) A person who, at a construction site, is the main contractor, an employer or a self‑employed person must ensure that any material or gear that is being raised or otherwise moved or suspended or supported at the site is properly secured so as to minimise the risk of injury to persons or damage to property occurring as a result of the movement of the material or gear.
(4) If a mobile crane, other than a vehicle loading crane or earthmoving machinery, that is a non‑slewing crane with a maximum rated capacity of greater than 20 tonnes or a slewing crane, is used at a construction site, a person who at the site, is the main contractor, an employer or a self‑employed person, must ensure that the crane is fitted as far as practicable with a system having the following components —
(a) at least one light source inside the crane that emits green light only if a load being lifted by the crane is less than or equal to 90% of the crane’s rated capacity and which light gives the crane operator an effective warning signal of the status of the load in that respect;
(b) at least one light source on the outside of the crane that emits a green light only if a load being lifted by the crane is less than or equal to 90% of the crane’s rated capacity and which light is visible to a person in the vicinity of the crane;
(c) at least one light source inside the crane that emits amber light only if a load being lifted by the crane is greater than 90% and less than 100% of the crane’s rated capacity and which light gives the crane operator an effective warning signal of the status of the load in that respect;
(d) at least one light source on the outside of the crane that emits an amber light only if a load being lifted by the crane is greater than 90% and less than 100% of the crane’s rated capacity and which light is visible to a person in the vicinity of the crane;
(e) at least one light source inside the crane that emits a flashing red light only if a load being lifted by the crane is greater than 100% of the crane’s rated capacity and which light gives the crane operator an effective warning signal of the status of the load in that respect;
(f) at least one light source on the outside of the crane that emits a flashing red light only if a load being lifted by the crane is greater than 100% of the crane’s rated capacity and which light is visible to a person in the vicinity of the crane;
(g) an alarm that sounds inside the crane only if a load being lifted by the crane is greater than 100% of the crane’s rated capacity, which alarm gives the crane operator an effective warning signal of the status of the load in that respect; and
(h) an alarm that sounds outside the crane only if a load being lifted by the crane is greater than 100% of the crane’s rated capacity, which sound is audible to a person in the vicinity of the crane.
(5) A person does not commit an offence under subregulation (4) if the percentage of a crane’s rated capacity at which a light is emitted or an alarm sounds differs by no more than 2% from that required under subregulation (4) if, proof of which is on the person —
(a) only one colour of light is emitted by the inside and outside light sources at a time;
(b) the inside and outside alarms sound at the same time as the inside and outside light sources emit red light;
(c) the percentage of the crane’s rated capacity above which the inside and outside light sources emit red light and the inside and outside alarms sound is not greater than 100%; and
(d) the crane is operated in accordance with written instructions developed at the time of design or manufacture by the person who designed or manufactured the crane.
Penalty applicable to subregulations (1), (2), (3) and (4): the regulation 1.16 penalty.
[Regulation 3.23 amended in Gazette 3 Oct 2003 p. 4356‑8; 25 Jun 2004 p. 2292; 14 Dec 2004 p. 6018.]
3.24. Lowering gear
A person working on a construction site who lowers any gear from any building or structure where persons in the vicinity are at risk of injury from the gear being lowered must do so carefully, without throwing or dropping the gear.
Penalty for a person who commits the offence as an employee: the regulation 1.15 penalty.
Penalty in any other case:
(a) for a first offence, $25 000; and
(b) for a subsequent offence, $31 250.
[Regulation 3.24 amended in Gazette 14 Dec 2004 p. 6017.]
3.25. Safety in relation to conduit
A person who, at a construction site, is the main contractor, an employer or a self‑employed person must ensure that any conduit crossing a thoroughfare is secured to the ground or protected by a non‑slip ramp.
Penalty: the regulation 1.16 penalty.
[Regulation 3.25 amended in Gazette 14 Dec 2004 p. 6018.]
3.26. Portable ladders
(1) If, at a workplace, a person uses either a single or extension ladder then the person must ensure that the ladder —
(a) is placed so that the distance from the ladder base to the base of the support wall is about ¼ of the working length of the ladder;
(b) is located on a firm footing;
(c) is secured into position so as to prevent slipping or sideways movement;
(d) if being used to approach a platform, protrudes at least 900 mm beyond the landing for the platform; and
(e) if being used at a workplace that is a construction site, is not suspended from a parapet hook.
(2) If, at a workplace, a person uses —
(a) a portable metal ladder then the person must ensure that the ladder is designed and constructed in accordance with the general requirements of AS/NZS 1892.1 and the specific requirements of that Standard in relation to the type of ladder; or
(b) a portable wooden ladder then the person must ensure that the ladder is designed and constructed in accordance with the general requirements of AS 1892.2 and the specific requirements of that Standard in relation to the type of ladder.
(3) A person must not use a ladder‑bracket scaffold at a workplace unless the ladder‑bracket scaffold is set up and used in accordance with clause 10.2.5 of AS/NZS 4576.
Penalty applicable to subregulations (1), (2) and (3) for a person who commits the offence as an employee: the regulation 1.15 penalty.
Penalty applicable to subregulations (1), (2) and (3) in any other case: the regulation 1.16 penalty.
[Regulation 3.26 amended in Gazette 17 Dec 1999 p. 6229; 14 Dec 2004 p. 6017.]
3.27. Gas cylinders to be secured
A person who, at a workplace is an employer, the main contractor or a self‑employed person must ensure that any gas cylinder at the workplace —
(a) is appropriately secured and protected from damage or the uncontrolled release of its contents while the cylinder is being used, moved, or stored; and
(b) is not lifted or lowered by mechanical means unless —
(i) it is contained in an appropriate type of box; or
(ii) it is lifted or lowered using attachments that are suitable for the task being performed.
Penalty: the regulation 1.16 penalty.
[Regulation 3.27 amended in Gazette 17 Dec 1999 p. 6229‑30; 14 Dec 2004 p. 6018.]
3.28. Protection of manifolded cylinder pack
A person who, at a workplace, is an employer, the main contractor or a self‑employed person must ensure, in relation to a manifolded cylinder pack used in welding or in an allied process at the workplace, that at all times —
(a) each manifolded cylinder pack is so located and guarded to protect it from damage; and
(b) where 2 or more manifolded cylinder packs are located in the same room, they are located at least 5 metres apart.
Penalty: the regulation 1.16 penalty.
[Regulation 3.28 amended in Gazette 14 Dec 2004 p. 6018.]
3.29. Construction diving work to be in accordance with Standard
(1) In this regulation —
construction diving work means any construction work in which diving is done using either surface supplied breathing apparatus or self‑contained underwater breathing apparatus, and includes the work done by the persons who give direct support to the diver.
(2) If, at a workplace, a person is to do construction diving work the person’s employer or the self‑employed person, as the case may be, must ensure that —
(a) each person to do the work is qualified in accordance with AS/NZS 2299; and
(b) the work is done in accordance with the relevant requirements of AS/NZS 2299.
Penalty: the regulation 1.16 penalty.
(3) A person who does construction diving work must, when in the water, use compressed air to breathe in accordance with the requirements of AS/NZS 2299.
Penalty for a person who commits the offence as an employee: the regulation 1.15 penalty.
Penalty in any other case:
(a) for a first offence, $25 000; and
(b) for a subsequent offence, $31 250.
[Regulation 3.29 amended in Gazette 10 Jan 2003 p. 63; 14 Dec 2004 p. 6017 and 6018.]
3.30. Flotation devices where persons working with others
If, at a workplace —
(a) there is a risk of a person falling into water or other liquid and drowning at or adjacent to the workplace; and
(b) persons other than the person referred to in paragraph (a) are likely to be present at the workplace,
then a person who, at the workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must provide appropriate flotation devices in a readily accessible position and ensure that rescue equipment is maintained and ready for use.
Penalty: the regulation 1.16 penalty.
[Regulation 3.30 amended in Gazette 14 Dec 2004 p. 6018.]
3.31. Flotation devices where person working alone
If, at a workplace —
(a) a person works over water or other liquid and there is a risk of the person drowning if he or she falls into the water or other liquid; and
(b) the person works alone,
a person who, at the workplace, is an employer, the main contractor, a self‑employed person or a person having control of the workplace must, as far as practicable, ensure that the first‑mentioned person wears a life jacket to reduce the risk of drowning.
Penalty: the regulation 1.16 penalty.
[Regulation 3.31 inserted in Gazette 17 Dec 1999 p. 6230; amended in Gazette 14 Dec 2004 p. 6018.]
Division 2 — General duties in relation to personal protective clothing and equipment
3.32. Risks to be reduced in first instance by means other than protective clothing and equipment
When a person is considering, for the purposes of regulation 3.1(c), the means by which a risk may be reduced, the person is to —
(a) firstly consider the means other than the use of protective clothing and equipment by which the risk might be reduced; and
(b) then consider the use of protective clothing and equipment to the extent that it is not practicable to reduce the risk by means other than the use of protective clothing and equipment.
3.33. Standards relevant to certain protective clothing and equipment
(1) If a person —
(a) is required under any of these regulations to identify a hazard at a workplace and to assess the risk of injury or harm to a person resulting from the hazard; and
(b) concludes from the assessment process that a risk might be reduced by any of the personal protective clothing or equipment set out in column 1 of the Table to this regulation,
then the person must ensure that the personal protective clothing or equipment is in accordance, and complies, with the relevant requirements of each Standard set out opposite the clothing or equipment in column 2 of the Table.
Table
|
Column 1 |
Column 2 |
|
Means of protection |
Standard |
|
Safety helmet |
AS/NZS 1801 |
|
Eye protection |
AS/NZS 1337 and |
|
Gloves |
AS/NZS 2161 |
|
Footwear |
AS/NZS 2210 |
|
Skin protection by way of sunscreen |
|
|
Clothing to protect skin against burns by heat or fire |
|
|
Clothing to protect skin against toxic or volatile chemicals |
|
Penalty: the regulation 1.16 penalty.
(2) A person does not commit an offence under subregulation (1) if, proof of which is on the person, the protection provided by the person in relation to a particular risk is of an equivalent or higher standard than the means of protection referred to in subregulation (1).
(3) Nothing in subregulation (1) affects any requirement in the Act or in these regulations to provide such protection as will protect a person from a risk if the means of protection referred to in subregulation (1) would not provide adequate protection in relation to that risk.
[Regulation 3.33 amended in Gazette 10 Jan 2003 p. 63; 14 Dec 2004 p. 6018.]
3.34. Responsibilities of persons who require personal protective clothing and equipment to be used
(1) If a person is required under any of these regulations to identify a hazard at a workplace and to assess the risk of injury or harm to a person resulting from the hazard and the person concludes from the assessment process that personal protective clothing or equipment should be used at the workplace then the person must ensure that —
(a) the person who uses the clothing or equipment is instructed in relation to the correct fitting, use, selection, testing, maintenance and storage of the clothing or equipment;
(b) the person who uses the clothing or equipment is informed of the limitations in the use of the clothing or equipment;
(c) the clothing or equipment is maintained in good working order;
(d) the clothing or equipment is replaced —
(i) when it no longer provides the level of protection required to protect the wearer or user against the particular hazard;
(ii) when the safe working life, as specified by the person who manufactured the clothing or equipment, has expired; or
(iii) subject to subregulation (2), when it is damaged and cannot be repaired;
and
(e) the area of a workplace at which the clothing or equipment is required to be used by a person other than the person who provides the clothing or equipment is identified by signs in accordance, and complying, with AS 1319.
Penalty: the regulation 1.16 penalty.
(2) A person does not commit an offence under subregulation (1)(d) if, proof of which is on the person, the clothing or equipment is repaired rather than replaced and —
(a) the repair is done by a competent person;
(b) the repair is done according to the specifications of the manufacturer of the equipment; and
(c) any replacement part used in the repair is that which is specified by the manufacturer of the equipment as the correct replacement part.
[Regulation 3.34 amended in Gazette 14 Dec 2004 p. 6018.]
3.35. Responsibilities of users of personal protective clothing and equipment
A person to whom personal protective clothing or equipment is provided or made available for use at a workplace —
(a) must use the protective clothing or equipment in a manner in which he or she has been properly instructed to use it;
(b) must not misuse or damage the clothing or equipment; and
(c) must, as soon as practicable after becoming aware of any —
(i) damage to;
(ii) malfunction of; or
(iii) need to clean or sterilize,
the clothing or equipment, notify the person providing the clothing or equipment of the damage, malfunction or need to clean or sterilize the clothing or equipment.
Penalty: the regulation 1.15 penalty.
[Regulation 3.35 amended in Gazette 14 Dec 2004 p. 6016‑17.]
3.36. Safety helmets to be worn at construction sites
If there is a risk of a person being struck on the head by a falling object at a construction site then the main contractor must ensure that —
(a) at all times when the person is at risk, the person wears a safety helmet complying with the relevant requirements of AS/NZS 1801; and
(b) there is displayed at each entrance to the site a safety sign bearing the words “SAFETY HELMET AREA — HELMETS MUST BE WORN AT THIS SITE” and that otherwise complies with AS 1319.
Penalty: the regulation 1.16 penalty.
[Regulation 3.36 amended in Gazette 10 Jan 2003 p. 64; 14 Dec 2004 p. 6018.]
Division 3 — Atmosphere and respiratory protection
Subdivision 1 — Atmosphere and respiratory protection generally
[Heading inserted in Gazette 22 Jul 1997 p. 3839.]
3.37. Terms used
In this Subdivision —
filter means a filter that complies with the requirements of AS/NZS 1715;
oxygen deficient atmosphere means an atmosphere containing less than 19.5% oxygen;
self‑contained breathing apparatus means a type of supplied air respirator which is carried by the user and supplies the user with respirable air from a source carried by the user;
supplied air respirator means a device which, by means of an air line, air hose or apparatus carried by the user, supplies the user with respirable air from a source other than the ambient atmosphere;
toxic atmosphere, in relation to a workplace, includes —
(a) an atmosphere in which there is an atmospheric contaminant in a concentration exceeding the exposure standard for the contaminant specified in the National Exposure Standards [NOHSC: 1003 (1995)];
(b) where an inspirable dust or respirable dust is not within the scope of the Exposure Standards referred to in paragraph (a), an atmosphere in which a person at the workplace would be exposed to —
(i) the inspirable dust that, when measured in accordance with AS 3640, exceeds 10 milligrams per cubic metre of air; or
(ii) the respirable dust that, when measured in accordance with AS 2985, exceeds 5 milligrams per cubic metre of air,
as an average over a work period of 8 hours; and
(c) an atmosphere containing gas, vapour, dust or any other particle which is, or is in a concentration that is, a risk to the safety and health of a person at the workplace.
[Regulation 3.37 amended in Gazette 22 Jul 1997 p. 3840.]
3.38. Identification and assessment of hazards in relation to atmosphere
Without limiting regulations 3.1 and 3.32, a person who, at a workplace, is an employer, the main contractor or a self‑employed person must —
(a) identify each hazard arising from an oxygen deficient atmosphere or a toxic atmosphere to which a person at the workplace is likely to be exposed;
(b) assess the risk of injury or harm to a person resulting from each hazard, if any, identified under paragraph (a); and
(c) consider whether the risk may be reduced by any of the means referred to in regulation 3.39.
Penalty: the regulation 1.16 penalty.
[Regulation 3.38 amended in Gazette 14 Dec 2004 p. 6018.]
3.39. Possible means of reducing risks
The means referred to in regulation 3.38(c) are —
(a) the use of an effective ventilation system for the workplace;
(b) the provision of an exhaust system that effectively extracts any contaminant and which is arranged so as to prevent re‑entry of the extracted air into the workplace; and
(c) such other means as would prevent persons at the workplace from being exposed to an oxygen deficient atmosphere or a toxic atmosphere,
as is appropriate to the particular case.
3.40. Respiratory protective equipment generally
(1) In this regulation —
toxic atmosphere means any toxic atmosphere that is of a kind other than a kind referred to in any of paragraphs (b) to (f) of regulation 3.41.
(2) To the extent that it is not practicable to prevent, by any of the means referred to in regulation 3.39, a person at a workplace from being exposed to a toxic atmosphere a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that each person who may be so exposed is provided with respiratory protective equipment —
(a) selected in accordance with AS/NZS 1715 to suit the circumstances of the case and that is used and maintained in accordance with that Standard; and
(b) complying with the relevant requirements of AS/NZS 1716.
(3) Nothing in regulation 3.41 prevents a person from concluding, for purposes of subregulation (2), that the appropriate respiratory protective equipment in a particular case is equipment of a kind referred to in regulation 3.41.
(4) A person who, at a workplace, is an employer, the main contractor or a self‑employed person and who provides for use at a workplace respiratory protective equipment of any kind must ensure that the equipment is readily accessible to persons at the workplace who may need to use the equipment.
Penalty applicable to subregulations (2) and (4): the regulation 1.16 penalty.
[Regulation 3.40 amended in Gazette 14 Dec 2004 p. 6018.]
3.41. Supplied air respirators required for certain atmospheres
To the extent that it is not practicable to prevent, by any of the means referred to in regulation 3.39, a person at a workplace from being exposed to —
(a) an oxygen deficient atmosphere;
(b) an atmosphere in which the level of toxic gases or vapours exceeds the capability of an air‑purifying device;
(c) a toxic atmosphere where the level of contamination is not known;
(d) a toxic atmosphere in which the person is required to remain for a period longer than the estimated life of a filter;
(e) an atmosphere that presents an immediate danger to life or health; or
(f) a toxic atmosphere which contains a contaminant against which there is no suitable filter,
a person who, at the workplace, is an employer, the main contractor or a self‑employed person must ensure that each person who may be so exposed is provided with a supplied air respirator.
Penalty: the regulation 1.16 penalty.
[Regulation 3.41 amended in Gazette 14 Dec 2004 p. 6018.]
3.42. Duties in relation to provision of supplied air respirators etc.
If a person is required, under regulation 3.40 or 3.41, to ensure that a supplied air respirator is provided for use at a workplace then the person must —
(a) assess the number of sets of supplied air respirators that should be provided for regular, emergency or rescue purposes at the workplace;
(b) assess whether self‑contained breathing apparatus should be provided for emergency use and rescue at the workplace and, if so, the number of sets of such apparatus that should be provided;
(c) ensure that each supplied air respirator provided for use at the workplace —
(i) has been selected in accordance with AS/NZS 1715 to suit the circumstances of the case and is used and maintained in accordance with that Standard; and
(ii) complies with relevant requirements of AS/NZS 1716;
(d) in the case of a supplied air respirator by which air is supplied to the user by means of an air line or air hose, assess whether there should be provided for use at the workplace a device that warns when the air supply is about to fail;
(e) assess whether there should be provided for use at the workplace a supplied air escape type‑respirator in the event that the flow of supplied air fails; and
(f) ensure that each person required to use a supplied air respirator for emergency or rescue purposes at a workplace is trained in the use of the equipment and in emergency procedures.
Penalty: the regulation 1.16 penalty.
[Regulation 3.42 amended in Gazette 14 Dec 2004 p. 6018.]
3.43. Specifications, maintenance, testing of supplied air respirators
Without limiting regulation 3.34, if a person is required, under regulation 3.40 or 3.41, to ensure that a supplied air respirator is provided for use at a workplace then the person must also ensure that —
(a) the compressor, filters and respirator supplying air to breathe —
(i) are maintained in efficient working order and in accordance with the manufacturer’s instructions; and
(ii) are inspected before and after each use and during cleaning;
(b) the respirator is kept in a place where it will not be contaminated;
(c) the equipment for the supply of air to breathe or the compressor incorporates a mechanism to cut off the air supply to the respirator in the event that the equipment or compressor heats beyond the manufacturer’s specifications for the maximum temperature at which the equipment or compressor will function properly;
(d) the respirator and air supply have couplings of a type that requires at least 2 deliberate actions to separate the connector or coupling and are of a design that is different from that of other compressed gas and air services, if any, at the workplace;
(e) the air supply or compressor has a receiver of sufficient capacity to reduce pulsation from compressor action;
(f) the quality of air supplied to the respirator is tested regularly to ensure that it is in accordance with regulation 3.44; and
(g) records are kept of —
(i) the purchase dates of the respirator and the compressor;
(ii) the maintenance of the respirator and compressor;
(iii) the date and result of each test conducted on the respirator;
(iv) the name and address of the person who conducted each test; and
(v) the —
(I) volume of air;
(II) odour;
(III) volume of oxygen, carbon monoxide, carbon dioxide, oil and water in the sample of air tested; and
(IV) temperature of the sample.
Penalty: the regulation 1.16 penalty.
[Regulation 3.43 amended in Gazette 14 Dec 2004 p. 6018.]
3.44. Quality of air in supplied air respirators
If a person is required, under regulation 3.40 or 3.41, to ensure that a supplied air respirator is provided for use at a workplace then the person must also ensure —
(a) that air supplied to the supplied air respirator is supplied at a minimum rate of 170 litres per minute per person measured at the respirator;
(b) that air supplied to the supplied air respirator has passed through an efficient purifying device so that the air —
(i) does not have an objectionable or nauseous odour;
(ii) contains not less than 19.5% and not more than 22% by volume of oxygen; and
(iii) at 15° Celsius and 100 kPa absolute —
(I) contains not more than 11 mg/m3 (10 ppm by volume) of carbon monoxide;
(II) contains not more than 1400 mg/m3 (800 ppm by volume) of carbon dioxide;
(III) contains not more than 1 mg/m3 (1 ppm) of oil;
(IV) if in a cylinder, contains not more than 100 mg/m3 of water when sampled from the cylinder when it is initially filled to a pressure of at least 12 MPa; and
(V) if used for diving, contains not more than 900 mg/m3 (480 ppm by volume) of carbon dioxide;
and
(c) where the air is to be supplied from a compressor to a face‑piece, hood or helmet, that the air has passed through —
(i) a conditioner to ensure that the temperature of the air is not less than 15° Celsius and not more than 25° Celsius;
(ii) an efficient condensate trap fitted with a drain cock for the removal of any condensed liquid; and
(iii) an efficient ring circuit or controlled leak‑off for the elimination of stale air.
Penalty: the regulation 1.16 penalty.
[Regulation 3.44 amended in Gazette 14 Dec 2004 p. 6018; 3 Jul 2007 p. 3293.]
Subdivision 2 — Protection from tobacco smoke
[Heading inserted in Gazette 22 Jul 1997 p. 3840.]
3.44A. Terms used
In this Subdivision —
enclosed workplace has a meaning affected by regulation 3.44AA;
roof includes a ceiling, and any material —
(a) through which air cannot flow; and
(b) that is used for the same purpose as a ceiling or roof;
smoke has the meaning given to that term in the Tobacco Products Control Act 2006 glossary;
tobacco product has the meaning given to that term in the Tobacco Products Control Act 2006 glossary;
wall means a wall or any other vertical structure, covering or device, whether fixed or moveable, but does not include a balustrade —
(a) that is one metre or less in height; and
(b) of which more than 50% of its total vertical surface is open.
[Regulation 3.44A inserted in Gazette 7 Nov 2008 p. 4823.]
3.44AA. Enclosed workplaces
(1) A workplace or a part of a workplace that has the features mentioned in subregulations (2) and (3) is an enclosed workplace for the purposes of this Subdivision.
(2) An enclosed workplace is covered by a roof or a part of a roof.
(3) An enclosed workplace is configured so that the total vertical surface area of the solid material in the walls is more than 50% of the notional vertical surface area of the place as assessed in accordance with regulation 3.44AB.
(4) The total vertical surface area of the solid material in the walls is to be assessed by —
(a) multiplying the following —
(i) the length of each wall under the roof or the part of a roof plus the length of each wall and each section of a wall that is one metre or less beyond the perimeter of the roof or the part of a roof when measured horizontally from the perimeter of the roof or the part of the roof;
(ii) the actual height of the walls and wall sections mentioned in subparagraph (i);
and
(b) deducting the total vertical surface area of the open parts of the walls or wall sections mentioned in paragraph (a)(i).
(5) The total vertical surface area of solid material in a wall is to be assessed as if each window, door or vertical retractable covering in or adjacent to the wall —
(a) is closed; and
(b) forms part of the wall.
(6) A place is not an enclosed workplace for the purposes of this Subdivision if it is covered by a roof or a part of a roof and is bounded by only —
(a) one straight wall; or
(b) 2 straight walls that are set in an angle of 90 degrees or more.
(7) A part of a workplace may be an enclosed workplace even though —
(a) it is part of a workplace that is not an enclosed workplace; or
(b) it is part of another part of a workplace that is not an enclosed workplace.
[Regulation 3.44AA inserted in Gazette 7 Nov 2008 p. 4823-4.]
3.44AB. Notional vertical surface area
(1) The notional vertical surface area of a workplace is to be assessed by multiplying the following —
(a) the length of the perimeter of the roof, or the part of a roof, covering the workplace;
(b) the average height of the roof, or the part of a roof, covering the workplace.
(2) The notional vertical surface area of a part of a workplace is to be assessed by multiplying the following —
(a) the length of the perimeter of the roof, or the part of a roof, covering the part of the workplace;
(b) the average height of the roof, or the part of a roof, covering the part of the workplace.
[Regulation 3.44AB inserted in Gazette 7 Nov 2008 p. 4824-5.]
3.44B. Certain persons prohibited from smoking in enclosed workplaces
A person who, at an enclosed workplace, is an employer, a self‑employed person or an employee must not smoke in the enclosed workplace.
Penalty: the regulation 1.15 penalty.
[Regulation 3.44B inserted in Gazette 26 Mar 1999 p. 1282; amended in Gazette 14 Dec 2004 p. 6016‑17.]
[3.44C. Deleted in Gazette 7 Nov 2008 p. 4825.]
3.44D. Defence: smoking in a private vehicle or residence
A person does not commit an offence under regulation 3.44B if, proof of which is on the person —
(a) the enclosed workplace is —
(i) a vehicle supplied by the person; or
(ii) the person’s residence;
and
(b) no other person is present —