Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations under the
Dated 25 June 1996.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
PETER REITH
Minister for Industrial Relations
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1.1 These Regulations commence on 1 July 1996.
2.1 The Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations are amended as set out in these Regulations.
3.1 Omit the Part, substitute:
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4.01. The object of this Part is to protect the health and safety of:
(a) employees; and
(b) contractors of an employer for the purposes of subsection 16 (4) of the Act; and
(c) other persons at or near a workplace under an employer’s control;
from hazards arising from plant, and systems of work associated with plant, by:
(d) ensuring that:
(i) hazards associated with the use of plant at work or at a workplace are identified; and
(ii) risks to health and safety are assessed and controlled; and
(e) eliminating risks to health and safety, or, if that is not reasonably practicable, minimising them; and
(f) specifying requirements relating to the design, manufacture, testing, installation, commissioning, use, repair, storage and disposal of plant; and
(g) requiring the provision of relevant information and training; and
(h) requiring that:
(i) certain plant not be operated unless the employer is licensed to operate the plant; and
(ii) certain plant not be operated unless the design of plant has been:
(A) notified to the Commission under regulation 4.50; or
(B) registered by the Commission under paragraph 4.52 (1) (a).
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4.02. (1) This Part applies to the manufacture of plant that begins only after this regulation commences.“
(2) This Part applies to the design of plant that begins only after this regulation commences.
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(a) to the supply of plant that is manufactured after this regulation commences; and
(b) as far as is reasonably practicable, to the supply of plant that is manufactured before this regulation commences.
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(4) This Part applies to importers of plant who order new or used plant, for importation, after this regulation commences.“
(5) This Part applies to the installation or commissioning of plant that begins only after this regulation commences.“
(6) The provisions of this Part relating to the reinstallation or recommissioning of plant apply:
(a) to the reinstallation or recommissioning of plant that is manufactured after this regulation commences; and
(b) as far as is reasonably practicable, to the reinstallation or recommissioning of plant that is manufactured before this regulation commences.
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(7) Unless the contrary intention appears, this Part applies to:
(a) the use, repair or disposal of plant; and
(b) hazard identification, risk assessment and the control of risk in relation to plant.
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4.03. In this Part, a reference to a relevant person is a reference to any of the following persons:
(a) an employee;
(b) a contractor of an employer for the purposes of subsection 16 (4) of the Act;
(c) any other person at or near a workplace under an employer’s control.
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4.04. (1) A manufacturer of plant that the manufacturer knows, or ought reasonably to expect, will be used by employees at work must take all reasonably practicable steps to ensure that hazards:
(a) arising from the design of the plant; and
(b) that are identified during the manufacture of the plant;
are identified in accordance with Division 7.
Penalty: 10 penalty units.
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(2) If a hazard is identified under subregulation (1), the manufacturer must ensure that the risks associated with the hazard are assessed in accordance with subregulation (3) and Division 7.Penalty: 10 penalty units.
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(3) In carrying out an assessment required by subregulation (2) in relation to the design of the plant, the manufacturer must ensure that the following are assessed:
(a) the impact of the plant on the work environment in which it is designed to operate;
(b) the range of environmental and operational conditions in which the plant is intended to be manufactured, transported, installed, erected and used;
(c) the ergonomic needs of persons who may use the plant;
(d) the need for safe access and egress for persons who install, erect or use the plant.
Penalty: 10 penalty units.
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4.05. (1) If a risk assessment conducted by a manufacturer of plant for the purposes of regulation 4.04 identifies a risk to health and safety, the manufacturer must take all reasonably practicable steps to ensure that:
(a) the risk is eliminated; or
(b) if it is not reasonably practicable to eliminate the risk—the risk is minimised in accordance with Division 7 and subregulation (2).
Penalty: 10 penalty units.
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(2) For the purpose of minimising a risk in relation to design, the manufacturer must apply as many of the following measures as are appropriate:
(a) the use of designs which minimise the risks to health and safety associated with the use of the plant;
(b) the use of designs which have regard to ergonomic principles;
(c) the use of designs which enable components to be accessed for maintenance, repair or cleaning purposes with minimised risks to health and safety;
(d) ensuring that plant is designed according to all relevant standards referred to in Schedule 5;
(e) ensuring that powered mobile plant is designed to minimise the risk of the plant overturning, or of objects falling on an operator of the plant;
(f) if the risk assessment for powered mobile plant has identified a risk of:
(i) the plant overturning; or
(ii) objects falling on an operator of the plant; or
(iii) an operator of the plant being ejected from the seat;
the use of an appropriate combination of operator protective devices to minimise the risk;
(g) if a particular system of work or operator competency is a factor in the control of the risk—the specification of that system or competency;
(h) if the risk assessment has identified an increased risk due to the build up of unwanted substances or materials, the use of designs that minimise that build up.
Penalty: 10 penalty units.
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(3) Subject to subregulation (4), a manufacturer of plant that the manufacturer knows, or ought reasonably to expect, will be used by employees at work must take all reasonably practicable steps to ensure that the plant is:
(a) manufactured having regard to the designer’s specification; and
(b) inspected having regard to the designer’s specification; and
(c) if it is required—tested having regard to the designer’s specification.
Penalty: 10 penalty units.
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(4) If a fault in the design of plant that may affect health and safety is identified during the manufacture of the plant, the manufacturer must take all reasonably practicable steps to ensure that:
(a) the fault is not incorporated into the plant; and
(b) the designer of the plant is consulted for the purpose of rectifying the fault.
Penalty: 10 penalty units.
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(5) If a manufacturer knows, or ought reasonably to expect, that, after being manufactured, plant has a fault that may affect the health and safety of employees at work, the manufacturer must take all reasonably practicable steps to ensure that the person to whom the plant was supplied is notified of the fault and of the steps required to rectify it.Penalty: 10 penalty units.
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4.06. A manufacturer of plant that the manufacturer knows, or ought reasonably to expect, will be used by employees at work, must take all reasonably practicable steps to make available to the employer information concerning:
(a) the systems of work necessary for the safe use of the plant; and
(b) the knowledge, training or skill needed by a person inspecting or testing the plant; and
(c) relevant emergency procedures.
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4.07. (1) If a supplier of plant that the supplier knows, or ought reasonably to expect, will be used by employees at work, identifies a risk to health and safety arising from the use of the plant, the supplier must take all reasonably practicable steps to ensure that, at the time of supply:
(a) the risk to health and safety arising from the use of the plant is eliminated; or
(b) if it is not reasonably practicable to eliminate the risk—the risk to health and safety from the use of the plant is minimised in accordance with Division 7.
Penalty: 10 penalty units.
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(2) A supplier of plant that is intended to be used at work for scrap or spare parts must, as far as reasonably practicable before supplying the plant, tell the employer, in writing or by marking the plant:
(a) the purposes for which the plant may be safely used; and
(b) that the plant must not be placed in service in the form in which it is supplied.
Penalty: 10 penalty units.
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(3) If a supplier hires or leases plant to an employer, being plant that the supplier knows, or ought reasonably to expect, will be used by employees at work, the supplier must take all reasonably practicable steps to ensure that:
(a) any risk to the health and safety of the employees arising from the use of plant that is hired or leased is minimised; and
(b) the plant is inspected between each hire or leasing to identify and, if necessary, minimise any risk to health and safety of employees from the use of the plant at work; and
(c) an assessment is carried out on a regular basis to determine:
(i) the need for testing the plant to establish whether new or increased risks to health and safety have developed; and
(ii) the times at which testing of that kind is to be carried out; and
(d) testing is carried out for the purposes of paragraph (b) and the results of the testing are recorded; and
(e) the records of testing are kept for the period in which the supplier hires or leases the plant to employers.
Penalty: 10 penalty units.
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4.08. A supplier of used plant to an employer, being plant that the supplier knows, or ought reasonably to expect, will be used by employees at work, must take all reasonably practicable steps to ensure that, at the time at which the plant is supplied to the employer, any record relating to the plant kept for the purposes of these Regulations by the previous owner of the plant is made available to the employer.Penalty: 10 penalty units.
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4.09. (1) A person who erects or installs plant at a workplace must take all reasonably practicable steps to ensure that hazards associated with the plant:
(a) after it has been erected or installed; and
(b) when it is used by employees at work;
are identified in accordance with Division 7 before and during the erection or installation of the plant.
Penalty: 10 penalty units.
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(2) If a hazard is identified under subregulation (1), the erector or installer must ensure that the risks associated with the hazard are assessed in accordance with Division 7.Penalty: 10 penalty units.
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(3) An erector or installer may carry out a risk assessment under subregulation (2) on individual items of plant.“
(4) Subject to subregulation (5), if more than 1 item of plant of the same design is to be used under conditions that are the same for all practicable purposes, an erector or installer may carry out a risk assessment on a representative sample of the plant.“
(5) If a risk to health and safety may vary from operator to operator, the erector or installer must carry out a separate risk assessment on each item of plant that is to be erected or installed.Penalty: 10 penalty units.
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4.10. (1) If a risk assessment conducted by an erector or installer of plant for the purposes of subregulation 4.09 (2) or (5) identifies a risk to health and safety, the erector or installer must take all reasonably practicable steps to ensure that:
(a) the risk to health and safety arising from the use of the plant is eliminated; or
(b) if it is not reasonably practicable to eliminate the risk—the risk to health and safety from the use of the plant is minimised in accordance with Division 7.
Penalty: 10 penalty units.
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(2) The erector or installer must take all reasonably practicable steps to ensure that:
(a) if the plant is designed to be operated in a fixed position—the plant is positioned on and, if necessary, fixed to, a secure base in order to prevent unintentional movement of the plant when power is applied, or while the plant is in operation; and
(b) the electrical installations associated with the plant are installed to minimise the risk to the health and safety of an employee, after being installed.
Penalty: 10 penalty units.
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4.11. (1) An employer must take all reasonably practicable steps to ensure that hazards relating to plant at work are identified in accordance with Division 7:
(a) before and during the introduction of the plant to a workplace; and
(b) before and during:
(i) a change in the way that the plant is used that is likely to involve a risk to the health and safety of a relevant person; and
(ii) a change in a system of work associated with the plant that is likely to involve a risk to the health and safety of a relevant person; and
(iii) if relevant—a change in the location of the plant that is likely to involve a risk to the health and safety of a relevant person; and
(c) when new or additional health and safety information relating to the plant, or a system of work associated with the plant, becomes available to the employer.
Penalty: 10 penalty units.
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(2) For plant that is in use before the commencement of this regulation, the employer must take all reasonably practicable steps to ensure that hazards are identified in accordance with Division 7 no later than 18 months after the day on which this regulation commences.Penalty: 10 penalty units.
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(3) If a hazard is identified, the employer must ensure that the risks associated with the hazard are assessed in accordance with Division 7 and subregulation (4).Penalty: 10 penalty units.
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(4) In carrying out a risk assessment, the employer must take all reasonably practicable steps to:
(a) assess the risk arising from:
(i) any system of work associated with the plant; and
(ii) the layout and condition of the work environment in which the plant is to be used; and
(iii) the capability, skill and experience of the operator ordinarily using the plant; and
(iv) any reasonably foreseeable abnormal condition that is likely to affect the plant; and
(b) identify:
(i) items of plant that require records to be kept to minimise the risk to the health and safety of a relevant person; and
(ii) the kind of records that should be kept; and
(iii) the length of time for which the records should be kept.
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(5) An employer may carry out a risk assessment under subregulation (3) on individual items of plant.“
(6) Subject to subregulation (7), if more than 1 item of plant of the same design is to be installed and used under conditions that are the same for all practicable purposes, an employer may carry out a risk assessment on a representative sample of the plant.“
(7) If a risk to health and safety may vary from operator to operator, the employer must carry out a separate risk assessment on each item of plant to determine the risk to each operator of the plant.Penalty: 10 penalty units.
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4.12. (1) If a risk assessment conducted by an employer for the purposes of subregulation 4.11 (3) or (7) identifies a risk to health and safety in relation to plant at work, the employer must take all reasonably practicable steps to ensure that:
(a) the risk is eliminated; or
(b) if it is not reasonably practicable to eliminate the risk—the risk is minimised in accordance with Division 7 and subregulation (2).
Penalty: 10 penalty units.
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(2) The employer must take all reasonably practicable steps to ensure that:
(a) control measures are maintained, and supervised effectively, to minimise any risk to the health and safety of a relevant person; and
(b) systems of work are implemented and effectively supervised to minimise any risk to the health and safety of a relevant person; and
(c) if personal protective equipment is required—the equipment is provided and maintained in a manner that minimises the risk to the health and safety of a relevant person; and
(d) if a hazardous situation is reported—a relevant person is not placed at risk until the hazardous situation is rectified.
Penalty: 10 penalty units.
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4.13. If an employer engages a person to design plant for use by employees at work, the employer must ensure that the person is provided with relevant information about matters relating to the plant that may affect the health and safety of a relevant person.Penalty: 10 penalty units.
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4.14. (1) If an employer knows, or ought reasonably to know, of any risk to the health and safety of a relevant person occurring during the installation, erection or commissioning of plant that is to be used at work, the employer must take all reasonably practicable steps to ensure that the risk is:
(a) eliminated; or
(b) if it is not reasonably practicable to eliminate the risk—minimised in accordance with Division 7 and subregulation (2).
Penalty: 10 penalty units.
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(2) The employer must take all reasonably practicable steps to ensure that:
(a) the installation, erection and commissioning of the plant are undertaken by a competent person; and
(b) the person undertaking the installation, erection or commissioning is given the information that is necessary to allow the plant to be installed, erected and commissioned in a manner that minimises the risk to the health and safety of a relevant person; and
(c) the plant is installed or erected in a location that is suitable for:
(i) the task to be carried out using the plant; and
(ii) the kind of plant; and
(d) there is sufficient space surrounding the plant to allow the plant to be used, and repaired, in a manner that minimises the risk to the health and safety of a relevant person; and
(e) the layout of the workplace is appropriate for the operation of the plant; and
(f) the workplace includes a safe means of access and egress; and
(g) if the final means of safeguarding the plant is not in place during the testing or start-up of the plant—an appropriate interim safeguard is used; and
(h) as far as can be determined by commissioning the plant—the plant is in a suitable condition to be operated.
Penalty: 10 penalty units.
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4.15. (1) An employer must take all reasonably practicable steps to ensure that a risk to the health and safety of a relevant person arising from plant used by employees at work, or the associated systems of work, under the employer’s control is:
(a) eliminated; or
(b) if it is not reasonably practicable to eliminate the risk—minimised in accordance with Division 7.
Penalty: 10 penalty units.
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(2) Without limiting subregulation (1), the employer must take all reasonably practicable steps to ensure that:
(a) the plant is not operated by an employee at work, or a contractor of the employer, unless the employee or contractor:
(i) receives necessary information and training in the operation of the plant; and
(ii) is supervised to the extent necessary to minimise the risk to health and safety; and
(b) the plant is subject to appropriate checks, tests and inspections that are necessary to minimise the risk to the health and safety of an employee or a contractor of the employer; and
(c) the plant is used solely for the purpose for which it was designed unless the employer determines, and a competent person assesses, that a change in the purpose does not present an increased risk to the health and safety of a relevant person; and
(d) measures are provided to prevent any unauthorised interference to, or use of, the plant that is capable of making the plant a risk to the health and safety of a relevant person; and
(e) if safety features or warning devices are incorporated into the plant, they are used in a proper manner; and
(f) a person is not allowed to work between the fixed and traversing parts of the plant if there is a risk to the health and safety of a relevant person; and
(g) facilities and systems of work are provided and maintained to minimise the risk to the health and safety of a person who maintains, inspects or cleans the plant; and
(h) inspections, maintenance and cleaning are carried out having regard to procedures:
(i) recommended for the plant by its designer or manufacturer; or
(ii) developed for the plant by a competent person; and
(i) if access to the plant is required for the purpose of maintenance, cleaning or repair, the plant is stopped and 1 or more of the following items is used to minimise the risk to the health and safety of a relevant person:
(i) a lockout or isolation device;
(ii) a permit to work system;
(iii) another appropriate control measure; and
(j) if danger tags are used on plant that is stopped for the purpose of maintenance, cleaning or repair, the tags are used in conjunction with 1 of the items referred to in paragraph (i); and
(k) if it is not reasonably practicable to carry out cleaning or maintenance while the plant is stopped:
(i) operational controls that permit controlled movement of the plant are fitted; and
(ii) a safe system of work is used; and
(l) each safety feature or warning device used with the plant is maintained, and tested, on a regular basis.
Penalty: 10 penalty units.
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(3) An employer is not required to comply with paragraph (2) (a) in relation to plant that is intended to be operated by the public in general.“
(4) If the function or condition of plant at work is impaired or damaged to an extent that creates an immediate risk to the health and safety of an employee, or a contractor of an employer, the employer must ensure that the plant is not available for use until:
(a) the risk is controlled in accordance with this Division; or
(b) the plant is repaired in accordance with regulation 4.16.
Penalty: 10 penalty units.
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4.16. If the function or condition of plant at work is impaired or damaged to an extent that increases the risk to the health and safety of a relevant person, the employer must take all reasonably practicable steps to ensure that:
(a) a competent person assesses the damage and advises the employer of:
(i) the nature of the damage; and
(ii) whether the plant can be repaired; and
(iii) if the plant can be repaired—the repairs that must be carried out to minimise the risk to health and safety; and
(b) a competent person carries out any repairs, inspection or testing that is required; and
(c) any repairs to the plant are carried out in a manner that maintains the design limits of the plant.
Penalty: 10 penalty units.
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4.17. (1) If plant at work is to be stored, the employer must take all reasonably practicable steps to ensure that a competent person stores the plant in a manner that involves no risk to the health and safety of employees at work.Penalty: 10 penalty units.
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(a) is to be disposed of; and
(b) contains materials that present a risk to the health and safety of employees at work;
the employer must take all reasonably practicable steps to ensure that the disposal is carried out by a competent person and in a manner that minimises any risk to the health and safety of employees at work.
Penalty: 10 penalty units.
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4.18. (1) If a hazard that relates to plant at work, or a system of work associated with the plant, is identified and assessed to be a risk that must be minimised, the employer must ensure that:
(a) a relevant person who is likely to be exposed to the risk, and a person supervising that person, are, if relevant, appropriately trained in relation to:
(i) the nature of the hazard and the processes used for the identification, assessment and control of any risk; and
(ii) the safety procedures associated with the plant; and
(iii) the need for, and proper use and maintenance of, control measures; and
(iv) the use, fitting, testing and storage of personal protective equipment; and
(v) the availability and use of specific information relevant to the plant; and
(b) the persons referred to in paragraph (a) are, if relevant, provided with information and instruction relating to the matters referred to in that paragraph; and
(c) before a person uses the plant, the person is given the information and instruction that is necessary to enable the person to use the plant in a manner that minimises any risk to the health and safety of a relevant person; and
(d) a person who uses the plant is given the training and supervision that is necessary to enable the person to use the plant in a manner that minimises any risk to the health and safety of a relevant person; and
(e) relevant health and safety information is provided to a person involved in:
(i) the installation, erection or commissioning of the plant; or
(ii) the use of the plant; or
(iii) the testing of the plant; or
(iv) the decommissioning or disposal of the plant; and
(f) if relevant—information on emergency procedures relating to the plant is displayed in a manner that may be observed readily by a person who is, or is likely to be, affected by the operation of the plant.
Penalty: 10 penalty units.
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(2) An employer is not required to comply with paragraph (1) (d) in relation to a member of the public who uses an amusement structure that is under the employer’s control.
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4.19. (1) An employer must ensure that records are made and kept concerning relevant tests, maintenance, inspection and commissioning of plant referred to in subregulation (2) while it is operable at work.Penalty: 5 penalty units.
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(2) The following plant is specified for the purposes of subregulation (1):
(a) plant listed in column 2 of an item in Part 2 of Schedule 6 the design of which must be notified under regulation 4.50;
(b) any of the following items of plant:
(i) concrete placing units;
(ii) industrial lift trucks;
(iii) mobile cranes;
(iv) hoists, with a platform movement in excess of 2.4 metres, designed to lift people;
(v) boom-type elevating work platforms;
(vi) presence sensing safeguarding systems;
(vii) vehicle hoists;
(viii) gantry cranes greater than 5 tonnes, bridge cranes greater than 10 tonnes, or any gantry crane or bridge crane designed to handle molten metal or dangerous goods;
(ix) mast climbing work platforms;
(c) plant in relation to which records are to be prepared on the basis of a risk assessment carried out in accordance with this Part.
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(3) If a document exists that records the results of a risk assessment in relation to the plant, the employer must ensure that the document is kept for the length of time identified by the employer under subparagraph 4.11 (4) (b) (iii).Penalty: 5 penalty units.
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(4) The employer must give health and safety records concerning the plant to a person who purchases or otherwise acquires the plant from the employer, unless the plant is being sold for scrap or as spare parts for other plant.Penalty: 10 penalty units.
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4.20. (1) Subject to subregulation (5), if pressure equipment, other than a gas cylinder:
(a) is referred to in AS 1200 (‘SAA Boiler Code’); and
(b) is in use at work;
the employer must take all reasonably practicable steps to ensure that the equipment is inspected in accordance with AS 3788 (‘Boiler and Pressure Vessels—In-service Inspection’).
Penalty: 10 penalty units.
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(2) An employer must take all reasonably practicable steps to ensure that a gas cylinder at work is inspected in accordance with AS 2030 (‘SAA Gas Cylinders Code’).Penalty: 10 penalty units.
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(3) If an employer that operates a gas cylinder test station is given a gas cylinder to be inspected and tested, the employer must take all reasonably practicable steps to ensure that the cylinder is inspected and tested in accordance with:
(a) AS 2030 (‘SAA Gas Cylinders Code’); and
(b) AS 2337 (‘Gas Cylinder Test Stations’).
Penalty: 10 penalty units.
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(4) If an employer that operates a gas cylinder test station is given a gas cylinder to be filled, the employer must take all reasonably practicable steps to ensure that:
(a) the cylinder is only filled if it bears a current inspection mark in accordance with AS 2030 (‘SAA Gas Cylinders Code’); and
(b) the cylinder is in good condition when being filled; and
(c) the cylinder is filled in accordance with AS 2030 (‘SAA Gas Cylinders Code’); and
(d) the fluid with which the cylinder is intended to be filled is compatible with the cylinder; and
(e) the cylinder is filled in a manner that is not a risk to the health and safety of a relevant person.
Penalty: 10 penalty units.
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(5) If an employer is licensed under paragraph 4.43 (1) (a) to operate pressure equipment of the kind referred to in subregulation (1), the employer is not required to comply with subregulation (1) until 1 July 1997.
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4.21. If a risk assessment identifies a risk to health and safety arising from the moving parts of plant used at work, the employer must take all reasonably practicable steps to ensure that:
(a) any cleaning, maintenance or repair of the plant is not undertaken while the plant is operating, unless there is no other reasonably practicable approach; and
(b) if the guarding of a moving part does not completely eliminate the risk of entanglement—a person does not operate, or pass in close proximity to, the plant unless a safe system of work is introduced, enforced and maintained to minimise the risk of entanglement.
Penalty: 10 penalty units.
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4.22. (1) An employer must take all reasonably practicable steps to ensure that powered mobile plant at work is used in a manner that minimises any risk to the health and safety of a relevant person.Penalty: 10 penalty units.
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(2) If, after an employer minimises the risk to health and safety relating to powered mobile plant at work:
(a) there remains a risk of:
(i) an item of powered mobile plant overturning; or
(ii) objects falling on the operator of the powered mobile plant; or
(iii) the operator of the powered mobile plant being ejected from the seat; and
(b) the risk needs to be controlled;
the employer must take all reasonably practicable steps to ensure that an appropriate combination of operator protective devices is provided, maintained and used as appropriate.
Penalty: 10 penalty units.
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(3) In addition to the requirements in subregulation (2), an employer must take all reasonably practicable steps to ensure that appropriate controls are implemented to eliminate or minimise the risk of that plant colliding with other powered mobile plant.Penalty: 10 penalty units.
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(4) If a tractor at work is of a kind to which the testing requirements of AS 1636 (‘Agricultural Wheeled Tractors Roll-Over Protective Structures Criterion and Tests’) apply, the employer must take all reasonably practicable steps to ensure that the tractor is securely fitted with a rollover protective structure no later than 12 months after the day on which this regulation commences, unless the tractor:
(a) was manufactured, or imported into Australia, before 1 January 1981 and is not operated by an employee; or
(b) is installed in a fixed position and in a manner that no longer allows it to be used as powered mobile plant.
Penalty: 10 penalty units.
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(5) If a tractor is used at work under a tree, or in any other place, that is too low to allow the tractor to work while it is fitted with a rollover protective structure, the structure may be lowered or removed while the tractor is used in that situation.“
(6) An employer must take all reasonably practicable steps to ensure that earthmoving machinery at work of a kind referred to in AS 2294 (‘Protective Structures for Earthmoving Machines’) (other than earthmoving machinery that was manufactured, or imported into Australia, before 1 January 1989) is securely fitted with a suitable combination of operator protective devices to minimise the risk to the health and safety of employees at work, no later than 12 months after the commencement of this regulation.Penalty: 10 penalty units.
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(7) An employer must take all reasonably practicable steps to ensure that:
(a) a protective structure that is fitted to powered mobile plant at work complies with:
(i) AS 1636 (‘Agricultural Wheeled Tractors—Roll-Over Protective Structures Criterion and Tests’); or
(ii) AS 2294 (‘Protective Structures for Earthmoving Machines’); or
(b) if a protective structure, or an associated structural attachment, of a kind referred to in paragraph (a) is not available—another protective structure is designed by a suitably qualified engineer in accordance with the following requirements:
(i) the performance requirements of AS 2294 (‘Protective Structures for Earthmoving Machines’) must be used as the design criteria for a rollover or falling object protective structure;
(ii) the engineer is permitted to use calculated deformations if the engineer is satisfied that deformation testing is not required;
(iii) the protective structure must be identified with the information required by AS 2294 (‘Protective Structures for Earthmoving Machines’), as appropriate.
Penalty: 10 penalty units.
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(8) An employer must take all reasonably practicable steps to ensure that, to minimise any risk to the health and safety of employees at work, powered mobile plant used by those employees is fitted with suitable operator restraining devices if:
(a) the plant is fitted with a rollover protective structure or a falling object protective structure; and
(b) attaching points for operator restraining devices have been incorporated in the original design of the plant.
Penalty: 10 penalty units.
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4.23. An employer must take all reasonably practicable steps to ensure that:
(a) if a relevant person is exposed to the hot or cold parts of plant—the exposure is monitored and suitably managed to minimise any risk to the health and safety of the relevant person; and
(b) if molten metal is transported at work—arrangements are made to prevent access to the path along which it is transported while the transportation occurs; and
(c) pipes and other parts of plant that are associated with hot or cold plant at work are adequately guarded or insulated to minimise any risk to the health and safety of a relevant person.
Penalty: 10 penalty units.
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4.24. An employer must take all reasonably practicable steps to minimise any risk from the use of plant at work to the health and safety of a relevant person and, in particular, to ensure that:
(a) if damage to plant at work has created an electrical hazard:
(i) the plant is disconnected from the electricity supply; and
(ii) the plant is not used until the damaged part is repaired or replaced; and
(b) plant at work is not used under conditions that are likely to give rise to electrical hazards; and
(c) if plant at work has been isolated, but not physically disconnected, from an electrical supply, appropriate work systems are provided to avoid accidentally energising the plant; and
(d) only a competent person is permitted to carry out electrical work on plant at work; and
(e) if excavations are to be carried out, all relevant available information relating to the position of underground cables is obtained; and
(f) if plant at work is operated near overhead electrical power lines, control options for the plant comply with the requirements of the relevant electrical supply authority, as in force on the day on which this regulation commences.
Penalty: 10 penalty units.
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4.25. An employer must take all reasonably practicable steps to minimise any risk to the health and safety of a relevant person from plant at work that is designed to lift or move people, equipment or materials, and, in particular, to ensure that:
(a) no load is suspended over, or travels over, a relevant person; and
(b) for plant that is not specifically designed for the lifting or suspending of individuals—individuals are not lifted or suspended by the plant, or an attachment to the plant, unless:
(i) the use of another method is not practicable; and
(ii) a suitable and adequate personnel box or carrier, designed for the purpose, is used and securely attached to the plant; and
(iii) the plant is fitted with a means by which the personnel box or carrier may be safely lowered in the event of an emergency or the failure of the power supply; and
(iv) the plant is suitably stabilised at all times while the personnel box or carrier is in use; and
(v) a suitable safety harness, securely attached to a suitable point, is provided to and worn by all individuals who are in a suspended personnel box or carrier, unless the personnel box or carrier is fully enclosed; and
(c) if the plant is used for lifting or moving a load that may become unstable, the load is appropriately restrained; and
(d) a crane or hoist is not used as an amusement structure; and
(e) a crane, hoist or building maintenance unit is operated and maintained to minimise any risk to health and safety, having regard to instructions:
(i) recommended for the plant by its designer or manufacturer; or
(ii) developed for the plant by a competent person; and
(f) for plant other than a crane or hoist—the plant is not used to suspend a load unless:
(i) the use of a crane or hoist is not practicable; and
(ii) the load is only travelled with the lifting arm of the plant fully retracted; and
(iii) stabilisers are provided and used where necessary to achieve stability of the plant; and
(iv) relevant persons are not permitted to be under the load; and
(v) a welded lug is used as the lifting point; and
(vi) if a bucket operated by a trip-type catch is used—the catch is bolted or otherwise positively engaged; and
(vii) an appropriate load chart is provided and all lifting is carried out within the safe working load limits of the plant; and
(viii) safe working load limits are displayed clearly on the plant; and
(ix) a load is lifted using attachments suitable to the task to be performed; and
(g) no load is lifted simultaneously by more than one item of plant; and
(h) for an industrial lift truck—the truck is:
(i) fitted with a warning device that effectively warns individuals who are at risk from the movement of the truck; and
(ii) used in a way that minimises the exposure of the operator to risks arising from work practices or systems, and
(iii) used in a way that minimises the exposure of the operator to risks arising from the particular environment in which the truck is used; and
(iv) equipped with suitable lifting attachments specifically designed for the load to be lifted or moved; and
(i) for an industrial lift truck or tractor—no individual other than the operator is permitted to ride on the truck or tractor unless:
(i) the individual is seated in a seat specifically designed for carrying a passenger; and
(ii) the seat is fitted with suitable seat restraints; and
(iii) the seat is located within the area protected by the required operator protective devices.
Penalty: 10 penalty units.
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4.26. (1) An employer must take all reasonably practicable steps to ensure that an employee is not permitted to work in the immediate vicinity of an industrial robot or other remotely or automatically energised equipment unless suitable controls and systems of work are in place for the control of risk in relation to the robot or equipment.Penalty: 10 penalty units.
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(2) If an industrial robot at work can be remotely or automatically energised to create a risk to the health and safety of a relevant person, the employer must take all reasonably practicable steps to ensure that:
(a) access to the area immediately surrounding the robot is restricted; and
(b) access to that area is controlled by:
(i) the isolation of the area; or
(ii) the provision of interlocked guards; or
(iii) the use of presence sensing devices; and
(c) suitable systems requiring a specific permit to commence any work in the area are maintained.
Penalty: 10 penalty units.
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4.27. An employer must take all reasonably practicable steps to ensure that:
(a) a laser or laser product is not operated at work unless it has been classified and labelled in accordance with AS 2211; and
(b) a Class 3B or Class 4 laser or laser product, for the purposes of AS 2211, is not used at work in a building or construction operation; and
(c) the use of a laser or laser product at work in a building or construction operation, other than a laser or laser product referred to in paragraph (b), is in accordance with AS 2397 (‘Guide to the Safe Use of Lasers in the Construction Industry’).
Penalty: 10 penalty units.
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4.28. (1) An employer must take all reasonably practicable steps to ensure that no work is carried out from:
(a) a suspended scaffold; or
(b) a cantilevered scaffold; or
(c) a spur scaffold; or
(d) a hung scaffold; or
(e) another scaffold from which a person or an object could fall more than four metres;
until the employer has obtained written confirmation from a competent person that the scaffold, or the relevant part or portion of the scaffold, is complete.
Penalty: 10 penalty units.
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(2) If a scaffold of a kind referred to in subregulation (1) is used at work, the employer must take all reasonably practicable steps to ensure that the scaffold, and its supporting structure, are inspected by a competent person, to determine whether they comply with these Regulations:
(a) before the scaffold is used for the first time; and
(b) after the scaffold is used for the first time—at intervals not exceeding 30 days; and
(c) if an event occurs that can reasonably be expected to affect the stability or adequacy of the scaffold (for example, severe storm conditions or an earthquake):
(i) as soon as practicable after the event occurs; and
(ii) before the scaffold is used again; and
(d) before the scaffold is used for the first time following repairs.
Penalty: 10 penalty units.
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(3) If any scaffold, or its supporting structure, used at work:
(a) is inspected; and
(b) is found to be in an unsafe condition;
the employer must take all reasonably practicable steps to ensure that suitable repairs, alterations and additions (as required) are carried out before the scaffold is used again.
Penalty: 10 penalty units.
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(4) If any scaffold used at work is incomplete, and left unattended, the employer must take all reasonably practicable steps to ensure that suitable controls are used (including the use of danger tags or warning signs) to prevent unauthorised access to the scaffold.Penalty: 10 penalty units.
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4.29. If an amusement ride is used at work, the employer must take all reasonably practicable steps to ensure that:
(a) the ride is operated in a manner that minimises the risk to the health and safety of a relevant person, having regard to instructions:
(i) recommended for the ride by its designer or manufacturer; or
(ii) developed for the ride by a competent person; and
(b) records relating to the ride are kept in accordance with instructions:
(i) recommended for the ride by its designer or manufacturer; or
(ii) developed for the ride by a competent person.
Penalty: 10 penalty units.
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4.30. An employee at work must take all reasonably practicable steps to:
(a) comply with any requirement relating to plant implemented in accordance with this Part; and
(b) tell his or her employer, as soon as practicable, of any defect of which the employee is aware in any plant located at the place at which the employee carries out the work.
Penalty: 10 penalty units.
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4.31. (1) A person who is required to identify any hazard to health and safety associated with plant, or a system of work associated with plant, must identify all reasonably foreseeable hazards.Penalty: 10 penalty units.
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(2) Without limiting the operation of subregulation (1), the person must identify hazards arising from the following matters to the extent that they are relevant to the design, manufacture, erection, installation, commissioning, or use of plant:
(a) the suitability of the kind of plant for the task that is to be carried out;
(b) the actual and intended use of the plant;
(c) the environmental conditions and terrain in which the plant may be used;
(d) any foreseeable abnormal situation, misuse or change in operating conditions that may affect the plant;
(e) the potential for injury caused by entanglement, crushing, trapping, cutting, stabbing, puncturing, shearing, abrasion, tearing or stretching;
(f) the creation of hazardous conditions because of the pressurised contents of the plant, electricity, noise, radiation, friction, vibration, fire, explosion, temperature, moisture, vapour, gas, dust, ice or hot or cold parts;
(g) the failure of the plant involving the loss of the contents of the plant, the loss of a load, unintended ejection of workpieces, explosion, fragmentation or the collapse of parts;
(h) the capability of the plant to lift and move persons, equipment or materials, including the suitability of any secondary backup system to support the load being lifted or moved;
(i) any control systems relating to the plant, including, for example, guarding and communications systems;
(j) the potential for objects to fall;
(k) the potential for the plant to roll over;
(l) the suitability of the materials used for the plant;
(m) the suitability and condition of accessories used for the plant;
(n) any ergonomic requirements relating to the installation and use of the plant;
(o) the possibility that a task may need to be carried out without the use of the plant;
(p) the location of the plant and its effect on the design or layout of a place at which work is carried out;
(q) the suitability and stability of the plant and its supports;
(r) the presence of persons and other plant in the vicinity of the plant;
(s) the potential for inadvertent movement or operation of the plant;
(t) systems of work associated with the plant;
(u) the need for, and the adequacy of, access and egress associated with the plant;
(v) the competency of an operator of the plant.
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4.32. A person who is required to assess a risk arising from a hazard to health and safety must:
(a) determine a method of assessment that adequately addresses the hazards identified; and
(b) carry out one or more of the following activities:
(i) a visual inspection of the plant and its associated environment;
(ii) an audit of the consequences of the hazard;
(iii) a test of the plant;
(iv) a technical or scientific evaluation of the plant;
(v) a technical or scientific evaluation of the hazard;
(vi) an analysis of data relating to injuries and near misses;
(vii) discussions with persons involved in the design, manufacture, supply, and importation of plant, and employers, employees, contractors or other relevant parties;
(viii) a quantitative hazard analysis.
Penalty: 10 penalty units.
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4.33. (1) If a risk assessment identifies a requirement to control a risk to health and safety relating to plant, the person who is required to control the risk must take all reasonably practicable steps to eliminate or minimise the risk.Penalty: 10 penalty units.
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(2) For the purpose of subregulation (1), one or more of the following controls may be implemented:
(a) the substitution of plant or a part of plant;
(b) the isolation of the plant;
(c) the modification of a design or a guarding device;
(d) the design and implementation of appropriate guarding devices.
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(3) If the controls implemented under subregulation (2) do not eliminate or minimise the risk, the person must take all reasonably practicable steps to apply administrative controls, including the introduction of safe working practices.“
(4) Until the controls implemented under subregulation (2) and the administrative controls (if any) applied under subregulation (3) eliminate or minimise the risk, the person must give employees and contractors appropriate personal protective equipment to use at work.
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4.34. (1) A person who is required to control a risk relating to plant must take all reasonably practicable steps to ensure that there is sufficient access and egress to:
(a) parts of plant that require cleaning and maintenance; and
(b) the workstation of the operator of the plant.
Penalty: 10 penalty units.
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(a) access to plant at work is required as part of its normal operation; and
(b) a person accessing the plant may be trapped and exposed to an increased risk caused by heat, cold or a lack of oxygen;
the person who is required to control the risk must take all reasonably practicable steps to ensure that emergency lighting, safety doors and alarm systems are provided for use with the plant.
Penalty: 10 penalty units.
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4.35. If a risk assessment identifies a risk of exposure to a dangerous part during:
(a) the operation of plant at work; or
(b) the examination of plant at work; or
(c) the lubrication of plant at work; or
(d) the adjustment of plant at work; or
(e) the maintenance of plant at work;
the person who is required to control the risk must take all reasonably practicable steps to ensure that:
(f) the risk is eliminated; or
(g) if it is not reasonably practicable to eliminate the risk—the risk is minimised.
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4.36. (1) If guarding is used as a control measure in relation to plant at work, the person who is required to control the relevant risk must take all reasonably practicable steps to ensure that the guard provided for the plant is:
(a) if no person requires access to the area to be guarded during the normal operation, maintenance or cleaning of the plant—a permanently fixed physical barrier; or
(b) if a person requires access to the area to be guarded during the normal operation of the plant—an interlocked physical barrier; or
(c) if compliance with paragraph (a) or (b) is not practicable—a physical barrier that:
(i) is securely fixed in position by a fastener or another suitable device; and
(ii) ensures that the guard cannot be altered or detached without using a tool or a key; or
(d) if the provision of a barrier described in paragraph (a), (b) or (c) is not practicable—a presence sensing safeguarding system.
Penalty: 10 penalty units.
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(2) A guard provided in accordance with subregulation (1) must be:
(a) designed in a manner that does not create a risk to the health and safety of a relevant person; and
(b) designed and constructed to make by-passing it or defeating it, deliberately or by accident, as difficult as is reasonably possible; and
(c) of solid construction; and
(d) securely mounted to enable it to resist impact and shock; and
(e) regularly maintained.
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(a) a part of plant used at work is designed to move at high speed; and
(b) either:
(i) the part may break or disintegrate; or
(ii) a workpiece may be ejected from the plant;
a guard that is provided in accordance with subregulation (1) must be adequate to effectively contain the fragments or the workpiece.
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(4) If the risk of jamming or blockage of moving parts of plant at work cannot be eliminated, the person must take all reasonably practicable steps to ensure that:
(a) work procedures are implemented to ensure that the plant can be cleared in a manner that minimises the risk; and
(b) devices and tools are available for use by employees to ensure that the plant can be cleared in a manner that minimises the risk to the health and safety of the employees.
Penalty: 10 penalty units.
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4.37. (1) A person who is required to control a risk relating to plant must take all reasonably practicable steps to ensure that the operational controls of the plant are:
(a) suitably identified on plant in a manner that shows the nature and function of the controls; and
(b) able to be readily and conveniently operated by each person operating the plant; and
(c) located or guarded in a manner that prevents the unintentional activation of the plant; and
(d) able to be locked in the ‘off’ position to enable the disconnection of all motive power and forces.
Penalty: 10 penalty units.
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(2) If it is not reasonably practicable to eliminate the need for plant used at work to be operated while it is being maintained or cleaned, the person who is required to control a risk relating to the plant must take all reasonably practicable steps to ensure that the operational controls of the plant permit controlled operation of the plant.Penalty: 10 penalty units.
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(a) plant used at work is designed to be operated or attended by more than one person; and
(b) the plant is fitted with more than one operational control for this purpose;
the person who is required to control a risk relating to the plant must take all reasonably practicable steps to ensure that the operational controls are of the kind commonly known as ‘stop and lock-off’, to ensure that the plant cannot be restarted, after a stop control has been used, unless each stop control is reset.
Penalty: 10 penalty units.
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4.38. (1) A person who is required to control a risk relating to plant must take all reasonably practicable steps to ensure that each emergency stop device of the plant:
(a) is prominent; and
(b) is clearly and durably marked; and
(c) is immediately accessible to each operator of the plant; and
(d) has handles, bars or push buttons that are coloured red; and
(e) is of a kind the operation of which cannot be affected by an electrical malfunction or the malfunction of an electronic circuit.
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(2) If a risk assessment identifies a need to have an emergency warning device fitted to plant, a person who is required to control a risk must take all reasonably practicable steps to ensure that the device is installed in a position that enables its purpose to be achieved easily and effectively.
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4.39. For the purposes of this Division, the relevant employing authority in relation to an employer is:
(a) for an employer that is a Commonwealth authority—the principal officer of the authority; and
(b) in any other case—the Secretary of the Department.
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(a) plant is to be operated at work; and
(b) the plant:
(i) is of a design required to be registered under regulation 4.49 or notified under regulation 4.50; or
(ii) is of a kind referred to in column 2 of an item in Part 2 of Schedule 6;
the employer must not use the plant at work, or allow the plant to be used, unless the employer is licensed to operate the plant.
Penalty: 10 penalty units.
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(2) Subregulation (1)applies to an employer on and after 1 January 1997.
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4.41. (1) An employer that wishes to operate plant referred to in subregulation 4.40 (1) must apply to the Commission for a licence to operate the plant.
NOTES:
1. For the purposes of licensing, cranes and hoists in Schedule 6 exclude those that are manually powered, elevating work platforms or tow trucks.
2.__ ‘Dangerous goods’ means dangerous goods as defined in the Australian Code for the Transport of Dangerous Goods by Road and Rail, 5th Edition, published by the Federal Office of Road Safety in September 1992.”.
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1. Notified in the
Commonwealth of Australia Gazette on 28 June 1996.2. Statutory Rules 1994 No. 414 as amended by 1995 Nos. 53, 98 and 337.
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