1991—No. 425 (NSW)

1991—No. 425

JUSTICES ACT 1902—REGULATION

(Occupational Health and Safety Legislation (Short Description of Offences)

Regulation 1991)

NEW SOUTH WALES

[Published in Gazette No. 116 of 16 August 1991]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Justices Act 1902, has been pleased to make the Regulation set forth hereunder.

TERRY GRIFFITHS

Minister for Justice.

Citation

1. This Regulation may be cited as the Occupational Health and Safety Legislation (Short Description of Offences) Regulation 1991.

Commencement

2. This Regulation commences on 16th August, 1991.

Short description of offences

3. (1) For the purposes of section 145B (2) of the Justices Act 1902, the prescribed expression in relation to a summary offence specified in Column 1 of Schedule 1 is the expression set out opposite it in Column 2 of the Schedule.

(2) If a choice of words is indicated in Column 2 of the Schedule the words remaining after the omission of the words irrelevant to the offence constitute the prescribed expression.

(3) A reference in Column 1 of Schedule 1 to a provision of the
Occupational Health and Safety Act 1983, the Factories, Shops and
Industries Act 1962, the Construction Safety Act 1912, the Dangerous

1991—No. 425

Goods Act 1975 or any regulation made under those Acts, being a provision that creates an offence, is a reference to the provision as in force at the time the offence is alleged to have occurred.

SCHEDULE 1 (Cl. 2)

Column 1 Column 2

OFFENCE UNDER	PRESCRIBED EXPRESSION
OCCUPATIONAL HEALTH AND SAFETY ACT 1983

Section 15 (1)—being an	not ensure health/safety/welfare
employer, not ensure the	of employees
health, safety and welfare of employees at work

Section 19:

(a) being an employee, not	not take care of health/safety of
take reasonable care for	persons at work
the health and safety of persons at work
(b) being an employee, not	not co-operate in
co-operate with employer	health/safety/welfare
or other person as	requirements
regards requirements imposed in the interests of health, safety or welfare
Section 20—intentionally or	intentionally/recklessly interfere
recklessly interfere with or	with/misuse thing provided
misuse thing provided in	for health/safety/welfare
interests of health, safety or welfare

1991—No. 425

Column 1 Column 2

Section 27 (1)—being the not notify work-related

occupier or prescribed	accident/matter affecting
person, not notify	health/safety
prescribed persons of accident or other matter affecting health or safety occurring at or in relation to place of work

OFFENCE UNDER THE
OCCUPATIONAL HEALTH
AND SAFETY (INSPECTORS’
NOTICES AND PENALTY

NOTICES) REGULATION 1988

Clause 5 (4)—not comply not comply with improvement

with a requirement imposed	notice
by an improvement notice

OFFENCE UNDER THE
CONSTRUCTION SAFETY ACT

1912

Section 17 (1)—drive a power drive power crane/hoist for

crane or power hoist used	building/excavation
in building work or	work/moving people while
excavation work or a power	uncertified
hoist used for raising or lowering persons without holding an appropriate
certificate of competency

Section 17 (2)—drive a power drive power crane/hoist beyond

crane or power hoist	certificate
contrary to the terms of the certificate of compliance held

Section 17 (3):

(a) employ, instruct or allow	employ/direct/allow uncertified
a person not holding a	person to drive power
certificate of competency	crane/hoist t
to drive a power crane or power hoist

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Column 1 Column 2

(b) employ, instruct or allow a person holding a employ/direct/allow person to

drive power crane/hoist

certificate of competency	beyond certificate
to drive a power crane or power hoist contrary to the terms of that
certificate
Section 17 (8)—not comply with conditions of	not comply with exemption

conditions under section 17

exemption granted in	(1)/(2)/(3)
relation to provisions of section 17 (1), (2) or (3)
Section 17A (1)—act as	act as rigger/dogman/
rigger, dogman, scaffolder,	scaffolder/crane chaser/diver/
crane chaser, diver,	powderman/explosive tool
powderman or	user while uncertified
explosive-powered tool operator without a certificate of competency
Section 17A (1A)—act as	act beyond certificate as
rigger, dogman, scaffolder,	rigger/dogman/scaffolder/crane
crane chaser, diver,	chaser/diver/powderman/
powderman or	explosive tool user
explosive-powered tool operator contrary to the terms of the certificate of competency held

Section 17A (1B):

(a) employ, instruct or allow a person not holding a employ/direct/allow uncertified

person to be

certificate of competency	rigger/dogman/scaffolder/crane
to act as a rigger,	chaser/diver/powderman /
dogman, scaffolder, crane	explosive tool user
chaser, diver, powderman or explosive-powered tool operator

1991—No. 425

Column 1 Column 2

(b) employ, instruct or allow employ/direct/allow

a person holding a	rigger/dogman/
certificate of competency	scaffolder/crane chaser/diver/
to act as a rigger,	powderman/explosive tool
dogman, scaffolder, crane	user to act beyond certificate
chaser, diver, powderman or explosive-powered tool operator contrary to the
terms of that certificate

Section 17A (5A)—not not comply with exemption

comply with conditions of	conditions under section 17A
exemption granted in	(1)/(1A)/(1B)
relation to provisions of section 17A (1), (1A) or (1B)

OFFENCE UNDER THE
CONSTRUCTION SAFETY

REGULATIONS 1950

Regulation 73 (2)—not not provide/maintain safe access

provide and maintain safe	to work place
means of access to place of work

Regulation 73 (3)—not not provide height safety barrier

provide means of securing
the safety of a person
liable to fall more than

1.8 m

Regulation 73 (6)—not not provide adequate overhead

provide adequate overhead	protection
protection for persons working below or in danger from falling objects

Regulation 73 (7)—not not provide head protective

provide head protective	helmet
helmet where overhead protection impracticable

1991—No. 425

Column 1 Column 2

Regulation 99—contravene	contravene Australian Standard
Australian Standard in	for diving
relation to diving
Regulation 122 (5)—subject, or instruct, allow or permit	subject/direct/allow/permit

person to subject crane/

a person to subject, a	lift/conveyor/hoist/scaffolding/
crane, lift, conveyor, hoist,	plant/gear to
scaffolding, plant or gear to	overloading/incorrect loading
greater load, or more adverse incidence or manner or condition of loading, than prescribed

Regulation 127 (108):

(a) being owner or person in not prevent unauthorised riding

charge of crane or hoist,	on load/lifting
not prevent unauthorised	hook/platform/lifting medium
persons riding upon the	of crane/hoist t
load, the lifting hook, the platform or other lifting medium
(b) ride upon the load, the	ride on load/lifting
lifting hook, the platform	hook/platform/lifting medium
or other lifting medium	of crane/hoist without
of a crane or hoist	authority
without authority
Regulation 159D—being	not produce certificate/permit on

holder, not produce his or	demand by employer/inspector	tor
her certificate or permit to employer or inspector on demand

OFFENCE UNDER THE
DANGEROUS GOODS ACT

1975

Section 9 (1) (a)—keep	keep dangerous goods in/on
dangerous goods in or on	unlicensed premises
premises not licensed under section 8

1991—No. 425

Column 1 Column 2

OFFENCE UNDER
DANGEROUS GOODS

REGULATION 1978

Clause 15B (4)—being in fail to carry/produce dangerous

charge of vehicle used to	goods driver registration card
carry dangerous goods, not carry or not produce driver registration card on request by inspector, police officer or authorised person

Clause 85—being depot use/cause/permit/suffer use of

licensee or unlicensed depot	unapproved appliance in
occupier, operate or cause,	explosive gas zone
permit or suffer a person to operate an unapproved appliance in prescribed explosive gas zone

OFFENCE UNDER THE
FACTORIES, SHOPS AND

INDUSTRIES ACT 1962

Section 27—being the not securely fence machinery

occupier of factory, not
securely fence all dangerous

parts of factory machinery

Section 44A (1)—being the electrical installation/

occupier of factory, not	equipment/apparatus not
ensure that electrical	designed/constructed/protected/
installation, equipment and	maintained to avoid
apparatus is designed,	shock/fire risk
constructed, protected and maintained to eliminate risk of accidental electric shock or electrical fire

Section 45 (3)—being the not maintain fire escape in

occupier of factory, not	good condition/free from
maintain fire escape in	obstruction
good condition and free from obstruction

1991—No. 425

Column 1 Column 2

OFFENCE UNDER THE
BOILER AND PRESSURE

VESSEL REGULATIONS

Regulation 28—being the	use/cause/permit/allow the use
owner of a boiler or	of uncertified boiler/pressure
pressure vessel, use or	vessel
cause, permit or allow use of the boiler or pressure vessel without a certificate of inspection being currently in force in relation to it
Regulation 41—use or cause, permit or allow the use of	use/cause/permit/allow use of

unapproved repair method on

oxy-acetylene, electric	boiler/pressure vessel
welding or brazing processes to repair part of boiler or pressure vessel without approval
Regulation 80—being the	work with/use/cause/permit/
owner of the boiler or	suffer person to work
pressure vessel, work with	with/use unsafe/wrongly
or use or cause, permit or	adjusted boiler/pressure vessel
suffer a person to work with or use the boiler or pressure vessel when not maintained in safe working order or not correctly adjusted
Regulation 80A—being the	use/cause/permit/allow use of
owner of the boiler, operate	boiler without prescribed
or cause, permit or allow	supervision/supervisor ’s details
the operation of the boiler	displayed
without the continual supervision of an authorised boiler attendant or without the attendant's certificate or permit type and number being displayed adjacent to the boiler

1991—No. 425

Column 1 Column 2

Regulation 82—cause pressure in boiler or pressure vessel cause excessive pressure/tamper

with valve/fitting/conceal

to exceed safe maximum	defects in boiler/pressure
working pressure or tamper	vessel
with valve or fitting so as to affect its proper working or conceal defects from inspector

OFFENCE UNDER ENGINE
DRIVERS AND BOILER
ATTENDANTS
CERTIFICATION

REGULATIONS

Regulation 17 (2)—employ as an engine driver or boiler employ uncertified engine

driver/boiler attendant

attendant a person who
does not hold an
appropriate class of

certificate

TABLE OF PROVISIONS

1. Citation
2. Commencement

3. Short description of offences

SCHEDULE 1

EXPLANATORY NOTE

The object of this Regulation is to prescribe the short descriptions that, by virtue of section 145B of the Justices Act 1902, are sufficient to state or describe, in any information, complaint, summons, warrant, notice, order or other document, certain offences for which penalty notices may be served under section 51B of the Occupational Health and Safety Act 1983. This Regulation comprises matter of a machinery nature.