Occupational Health and Safety Act 1983 Occupational Health and Safety Amendment Regulation 1997 (1997-459) [GG No 95 of 29.8.1997, p 7218] (NSW)
1997 No 459
New South Wales
Occupational Health and Safety
Amendment Regulation 1997
under the
Occupational Health and Safety Act 1983His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Occupational Health and Safety Act 1983.
J. W. Shaw
Minister for Industrial Relations
Explanatory note
The object of this Regulation is to amend:
(a)
the Occupational Health and Safety (Certificates of Competency) Regulation 1996 with respect to competency assessments outside New South Wales by industry rather than public authorities and to create certain offences relating to false assessments of competency,
(b)
the Occupational Health and Safety (Hazardous Substances) Regulation 1996 to add the New South Wales Volunteer Rescue Association to the list of emergency services that are entitled to access an employer’s records of hazardous substances as well as to clarify certain provisions, and
(c)
the Occupational Health and Safety (Penalty Notices) Regulation 1996:
(i)
to add a number of offences relating to the handling of dangerous goods in ports under Part 11 of the Dangerous Goods Regulation 1978 to the list of offences that may be dealt with by penalty notice, and
Published in Gazette No 95 of 29 August 1997, page 7218 Page 1
1997 No 459
Occupational Health and Safety Amendment Regulation 1997
Explanatory note
(ii) to add offences under section 18 (relating to the duties of manufacturers and suppliers of plant and substances) of the Occupational Health and Safety Act 1983, and a number of offences under the Occupational Health and Safety (Certificates of Competency) Regulation 1996, to the list of offences that may be dealt with by penalty notice, and
(iii) to increase the penalty notice penalty for breaches of section 31R of that Act (ie breaches of improvement notices issued by
in spec tors).
This Regulation is made under the Occupational Health and Safety
Act 1983, including sections 45 and 51B.
1997 No 459
Occupational Health and Safety Amendment Regulation 1997 Clause 1 Occupational Health and Safety Amendment
Regulation 1997
1 Name of Regulation
This Regulation is the Occupational Health and Safety
Amendment Regulation 1997.
2 Amendment of Occupational Health and Safety (Certificates of Competency) Regulation 1996
The Occupational Health and Safety (Certificates of Competency) Regulation 1996 is amended as set out in Schedule 1.
3 Amendment of Occupational Health and Safety (Hazardous
Substances) Regulation 1996
The Occupational Health and Safety (Hazardous Substances)
Regulation 1996 is amended as set out in Schedule 2.
4 Amendment of Occupational Health and Safety (Penalty
Notices) Regulation 1996
The Occupational Health and Safety (Penalty Notices)
Regulation 1996 is amended as set out in Schedule 3.
5 Notes
The explanatory note does not form part of this Regulation.
1997 No 459
Occupational Health and Safety Amendment Regulation 1997
Schedule 1 Amendment of Occupational Health and Safety (Certificates of
Competency) Regulation 1996
Schedule 1 Amendment of Occupational Health
and Safety (Certificates of
Competency) Regulation 1996
(Clause 2)
[1] Clause 7 Recognised qualifications
Omit “corresponding law.” from clause 7 (1) (d).
Insert instead “corresponding law,”.[2] Clause 7
Insert after clause 7 (1) (d):
(e) a certificate of competency (however described) issued by a training provider in a State other than New South Wales or in a Territory or in New Zealand, being a certificate approved by Workcover for the purposes of this clause.
[3] Clause 15 Assessment of competency
Omit clause 15 (3). Insert instead:
(3) An assessor (other than Workcover) who does any of the
following is guilty of an offence:
(a)
assesses an applicant’s competency to do scheduled work otherwise than in accordance with the guidelines issued by Workcover in relation to the conduct of assessments,
(b)
issues a notice of satisfactory assessment without assessing the applicant as being competent to do the scheduled work specified in the notice,
(c)
falsely assesses an applicant as being competent to do scheduled work,
(d)
assesses an applicant’s competency to do scheduled work, being aware that the applicant has been assessed in relation to the same kind of work within the previous 21 days,
1997 No 459
Occupational Health and Safety Amendment Regulation 1997
Amendment of Occupational Health and Safety (Certificates of Schedule 1
Competency) Regulation 1996
(e)
refuses to issue a notice of satisfactory assessment in respect of scheduled work despite having assessed the applicant as being competent to do the work.
Maximum penalty: 50 penalty units.
[4] Clause 28 Supervisor’s obligations
Omit clause 28 (2) (b). Insert instead:
(b) must check the record on each date on which the scheduled work is done by the trainee, and:
(i) if satisfied that the record is correct in respect of that date, must sign the record on that date, or (ii) if not so satisfied, must make and sign on that date a note to that effect on the record.
[5] Schedule 1 Work for which qualifications required
Omit “fences” from items 1.1 (i) and 1.2 (d) wherever occurring.
Insert instead “shutters”.
1997 No 459
Occupational Health and Safety Amendment Regulation 1997
Schedule 2 Amendment of Occupational Health and Safety (Hazardous
Substances) Regulation 1996
Schedule 2 Amendment of Occupational Health and Safety (Hazardous Substances)
Regulation 1996
(Clause 3)
| [1] | Clause 13 Disclosure of ingredients on request by other persons |
| Omit “on the application” from clause 13 (4). Insert instead “in response to the application”. | |
| [2] | Clause 13 (5) |
| Insert at the end of the subclause “However, the manufacturer or importer may refuse the application if the applicant has not signed a written undertaking in connection with the disclosure in accordance with subclause (4).”. | |
| [3] | Dictionary, definition of “emergency service” |
| Insert after paragraph (h): |
;
(i) the New South Wales Volunteer Rescue
Association Incorporated.
[4] Dictionary, definition of “type I ingredient”
Omit the definition. Insert instead:
type I ingredient means an ingredient present in a particular hazardous substance in a quantity that exceeds the lowest relevant concentration cut-off level specified for the hazard classification of the substance in the document entitled “Approved Criteria for Classifying Hazardous Substances” published by Worksafe Australia, being an ingredient that:
1997 No 459
Occupational Health and Safety Amendment Regulation 1997
Amendment of Occupational Health and Safety (Hazardous Schedule 2
Substances) Regulation 1996
(a) is a substance that is, according to that document:
(i) carcinogenic, mutagenic or teratogenic, or (ii) a skin or respiratory sensitiser, or (iii) corrosive, very corrosive, toxic or very toxic, or (iv) a harmful substance that can cause irreversible effects after acute exposure, or (v) a harmful substance that can cause serious damage to health after repeated or prolonged exposure, or (b) is a substance for which an exposure standard is listed in the document entitled “Exposure Standards for Atmospheric Contaminants in the Occupational Environment’, published by
Worksafe Australia.
[5] Dictionary, definition of “type II ingredient”
Omit the definition. Insert instead:
type II ingredient means an ingredient present in a particular hazardous substance in a quantity that exceeds the lowest relevant concentration cut-off level specified for the hazard classification of the substance in the document entitled “Approved Criteria for Classifying Hazardous Substances,” published by Worksafe Australia, being an ingredient that:
(a)
is a harmful substance according to that document, and
(b) is not a type I ingredient.
1997 No 459
Occupational Health and Safety Amendment Regulation 1997
Schedule 3 Amendment of Occupational Health and Safety (Penalty Notices)
Regulation 1996
| Schedule 3 | Amendment of Occupational Health and Safety (Penalty Notices) Regulation 1996 |
(Clause 4)
[1] Clause 7 Authorised office—dangerous goods offences
Omit “(other than an offence under clause 85 (2))” from
clause 7 (2).
Insert instead “(other than an offence under clause 85 (2) or
Part 11)”.[2] Clause 7 (3)
Insert after clause 7 (2):
(3)
The following officers are declared to be authorised officers under section 51B of the Act in relation to an offence under Part 11 of the Dangerous Goods Regulation 1978 that is prescribed by this Regulation and that is committed in an area where a Port Corporation exercises port safety functions for which it is licensed under the Ports Corporatisation and Waterways Management Act 1995:
(a) an officer referred to in subclause (2) (a), and (b)
a member of the staff of the relevant Port Corporation to whom the Corporation has issued written authorisation for the purposes of this,
Regulation.
1997 No 459
Occupational Health and Safety Amendment Regulation 1997
Amendment of Occupational Health and Safety (Penalty Notices) Schedule 3
Regulation 1996
[3] Schedule 1 Penalty notice offences
Omit the matter relating to the Occupational Health and Safety Act
1983.
Insert instead:
Occupational Health Sections 15 (1). 16 0.5 penalty units (in and Safety Act 1983 (1) and (2), 18 (2) the case of a person
and (3), 19 (a) and who commits the (b), 20 and 27 (1) offence in his or her
capacity as an
employee) or 5 penalty
units (in any other
case)Section 31R (5)
0.8 penalty units (in the case of a person who commits the
offence in his or her
capacity as an
employee) or 10
penalty units (in any
other case)
Occupational Health Clauses 8 (1) and (2), 0.5 penalty units (in and Safety (Certificates 27 (3). 28 (1) and (2) the case of a person
of Competency) and 38 (2) who commits the Regulation I996 offence in his or her
capacity as an
employee) or 5 penalty
units (in any other
case)[4] Schedule 1
Insert at the end of the matter relating to the Dangerous Goods
Regulation 1978:
The following 5 penalty units provisions of Part 11: clauses 299 (1), 300, 311 (3), 314 (1) and (2), 315 (1), 329 (2) and 367
The following 2 penalty units
provisions of Part 11:
clauses 302 (1) and
303 (1)
0
0
0