Occupational Health and Safety Regulation 2001 (NSW)
Occupational Health and Safety Regulation 2001
[2001-648]
Status information
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Historical version for 8 January 2010 to 31 January 2010 (accessed 27 December 2018 at 10:52)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical Notes
Licensing and Registration (Uniform Procedures) Act 2002 No 28 (not commenced)
Occupational Health and Safety Amendment (Certificates of Competency) Regulation 2010 (2) (LW 15.1.2010) (not commenced — to commence on 1.2.2010)
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This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.
Occupational Health and Safety Regulation 2001
[2001-648]
Contents
Occupational Health and Safety Regulation 2001
Chapter 1 Preliminary
1 Name of Regulation
This Regulation is the Occupational Health and Safety Regulation 2001.
2 Commencement
This Regulation commences on the commencement of the Act.Editorial note.
Date of commencement: 1.9.2001—see Gazette No 129 of 24.8.2001, page 6186.
3 Definitions
(1) In this Regulation:ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Ministerial Council for Road Transport and published by the Australian Government from time to time.
approved form means the form approved for the time being for the purposes of the provision in which the expression is used:
(a) by WorkCover—in relation to a place of work that is not a mining workplace or a coal workplace, or(b) by the Department Head (Mining)—in relation to a place of work that is a mining workplace or a coal workplace.authorised medical practitioner means a medical practitioner authorised by WorkCover, or authorised by another body or under a scheme approved by WorkCover, to perform health surveillance for the purposes of this Regulation.
building includes a structure, and includes part of a building or structure.
chemical name of a substance means a recognised chemical name of the substance that is generally used in scientific or technical texts.
competent person for any task means a person who has acquired through training, qualification or experience, or a combination of them, the knowledge and skills to carry out that task.
construction work means any of the following:
(a) building, including the construction (including the manufacturing of prefabricated elements of a building at the place of work concerned), alteration, renovation, repair, maintenance and demolition of all types of buildings,(b) civil engineering, including the construction, structural alteration, repair, maintenance and demolition of, for example, airports, docks, harbours, inland waterways, dams, river and avalanche and sea defence works, roads and highways, railways, bridges and tunnels, viaducts, and works related to the provision of services such as communications, drainage, sewerage, water and energy supplies,(c) excavation conducted for the purposes of building or civil engineering, including the excavation or filling of trenches, ditches, shafts, wells, tunnels and pier holes, and the use of caissons and cofferdams, but not excavation work at a coal workplace or mining workplace for the purposes of extracting minerals or quarry product.consumer package means a container that is intended for retail display and sale, and includes a container that is transported and distributed as part of a larger consolidated container that consists of a number of identical consumer packages.
dangerous goods, except in Chapter 6A, has the same meaning as in the ADG Code.
Department Head (Mining) means the Director-General of the Department of Primary Industries.
emergency service includes any of the following:
(a) the Ambulance Service of New South Wales,(b) New South Wales Fire Brigades,(c) the NSW Rural Fire Service,(d) the NSW Police Force,(e) the State Emergency Service,(f) the New South Wales Volunteer Rescue Association Incorporated,(g) an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.employer includes self-employed person in Chapters 2, 4, 5, 6, 6A, 7 and 8.
former Act means the Occupational Health and Safety Act 1983.
generic name of a substance means a name that describes the category or group of chemicals to which the substance belongs (for example, azo dyes or halogenated aromatic amines).
hazard means anything (including work practices or procedures) that has the potential to harm the health or safety of a person.
hazardous substance means a substance that:
(a) is listed in the document entitled “List of Designated Hazardous Substances [NOHSC: 10005 (1999)]” published by the NOHS Commission, as in force from time to time, or(b) fits the criteria for a hazardous substance set out in the document entitled “Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1999)]” published by the NOHS Commission, as in force from time to time.health practitioner means a health practitioner within the meaning of the Health Care Complaints Act 1993.
height of a building means the height measured from ground level to its highest part.
ingredient means any component of a substance, and includes any impurity that is mixed in with the substance.
LEL (lower explosive limit) means the concentration of flammable gas or vapour in air below which the gas atmosphere is not explosive.
mine means a place of work that is a mine within the meaning of the Mine Health and Safety Act 2004.
NOHS Commission means the National Occupational Health and Safety Commission of the Commonwealth.
penalty levels—see subclause (2).
product name of a substance means the brand name, trade name, code name or code number specified by the supplier of the substance.
public place means a public road or any other place to which the public, whether on payment of a fee or otherwise, ordinarily has access.
record includes any form in which information is stored on a permanent basis or from which information may be reproduced.
retail warehouse operator means a person who operates a warehouse at which unopened packaged goods intended for retail sale are held, but does not include a retailer.
retailer means a person who sells goods to members of the public who are not themselves engaged in any further resale of those goods.
risk phrase, in relation to a substance, means a phrase that describes the hazards of the substance, as referred to in the document entitled List of Designated Hazardous Substances [NOHSC: 10005 (1999)] published by the NOHS Commission, as in force from time to time.
safety phrase, in relation to a substance, means a phrase that describes the procedures for the safe handling or storage of the substance, or the use of personal protective equipment in conjunction with the substance, as referred to in the document entitled List of Designated Hazardous Substances [NOHSC: 10005 (1999)] published by the NOHS Commission, as in force from time to time.
substance means any natural or artificial entity, composite material, mixture or formulation, other than something (that is not a fluid or particle) that:
(a) is formed during production to a specific shape or design, or to have a specific surface, and(b) has an end use that depends in whole or in part on its shape, design or surface, and(c) undergoes no change in chemical composition or physical state during its end use, except as an intrinsic aspect of that end use.Note.
In a number of publications relating to hazardous substances the things that are excluded from the definition of substance are called “articles”.
the Act means the Occupational Health and Safety Act 2000.
WorkCover means the WorkCover Authority constituted under the Workplace Injury Management and Workers Compensation Act 1998.
Note.
Other relevant definitions are contained in the Act and the Interpretation Act 1987. They include the following:coal workplace means a place of work to which the Coal Mine Health and Safety Act 2002 applies.
employee means an individual who works under a contract of employment or apprenticeship.
employer means a person who employs persons under contracts of employment or apprenticeship.
mining workplace means a place of work:
(a) that is a mine within the meaning of the Mine Health and Safety Act 2004, or(b) at which activities under the Petroleum (Onshore) Act 1991 or the Petroleum (Submerged Lands) Act 1982 are carried out.occupier of premises includes:
(a) a person who, for the time being, has (or appears to have) the charge, management or control of the premises, or(b) a person who, for the time being, is in charge (or appears to be in charge) of any operation being conducted on the premises.place of work means premises where persons work.
plant includes any machinery, equipment or appliance.
premises includes any place, and in particular includes:
(a) any land, building or part of any building, or(b) any vehicle, vessel or aircraft, or(c) any installation on land, on the bed of any waters or floating on any waters, or(d) any tent or movable structure.self-employed person means a person who works for gain or reward otherwise than under a contract of employment or apprenticeship, whether or not employing others.
work means work as an employee or as a self-employed person.
The Interpretation Act 1987 also provides that expressions defined for the purposes of this Regulation apply except in so far as the context or subject-matter otherwise indicates or requires.
(2) The following levels of penalty apply for the purposes of determining the maximum penalty for an offence against a provision of this Regulation, and references in this Regulation to those levels are to be construed accordingly:(a) Level 1—20 penalty units,(b) Level 2—30 penalty units,(c) Level 3—100 penalty units,(d) Level 4—250 penalty units.Note.
At the time of making this Regulation, each penalty unit was $110—see section 17 of the Crimes (Sentencing Procedure) Act 1999.(3) In this Regulation, a reference to an Australian Standard is a reference to an Australian Standard (AS) or an Australian/New Zealand Standard (AS/NZS) published by Standards Australia in the year referred to in the citation of the Standard, as in force from time to time.(4) If WorkCover has indicated, by notice in writing, that it is satisfied that another standard provides an equivalent standard of safety to an Australian Standard or an Australian/New Zealand Standard, that other standard may be applied instead for the purposes of the relevant provision of this Regulation, but only to the extent that it applies to a place of work that is not a mining workplace or a coal workplace.(4A) If the Department Head (Mining) has indicated, by notice in writing, that he or she is satisfied that another standard provides an equivalent standard of safety to an Australian Standard or an Australian/New Zealand Standard, that other standard may be applied instead for the purposes of the relevant provision of this Regulation, but only to the extent that it applies to a place of work that is a mining workplace or a coal workplace.(5) If there is an inconsistency between a provision of this Regulation and a provision of an Australian Standard or another standard referred to in this Regulation, the provision of this Regulation prevails.
4 Application of Regulation
(1) This Regulation applies to all places of work (including all mining workplaces and coal workplaces), except as provided by this Regulation.(2) Chapter 5 applies to plant affecting public safety, whether or not the plant is at a place of work or for use at work.(3), (4) (Repealed)Note.
Part 2 of the Act imposes general obligations on employers and other persons and creates offences for breaches of those obligations. This Regulation imposes additional obligations on those persons and on others. Section 29 of the Act provides that compliance with the regulations is not in itself a defence in any proceedings for an offence against Part 2 of the Act (subject to any regulations that modify Part 2), but also provides that a relevant contravention of the regulations is admissible in evidence in any proceedings for an offence against Part 2.This Regulation applies to all mining workplaces and coal workplaces, except where specific provisions are expressed to not apply or to apply with modifications. In accordance with section 133 of the Act, clause 358 provides that references in certain provisions of the Act to WorkCover, in connection with the application of the provisions to a mining workplace or a coal workplace, are taken to be references to the Department of Primary Industries, the Director-General of that Department (called the “Department Head (Mining)” in this Regulation or certain inspectors appointed in connection with mining workplaces or coal workplaces.
5 Meaning of “control” of risks
(1) For the purposes of this Regulation, an obligation to control a risk to health or safety (in any case in which the elimination of the risk is not reasonably practicable) is an obligation to take the following measures (in the order specified) to minimise the risk to the lowest level reasonably practicable:(a) firstly, substituting the hazard giving rise to the risk with a hazard that gives rise to a lesser risk,(b) secondly, isolating the hazard from the person put at risk,(c) thirdly, minimising the risk by engineering means,(d) fourthly, minimising the risk by administrative means (for example, by adopting safe working practices or providing appropriate training, instruction or information),(e) fifthly, using personal protective equipment.(2) A combination of the above measures is required to be taken to minimise the risk to the lowest level reasonably practicable if no single measure is sufficient for that purpose.(3) Any obligation in this Regulation to control a risk by taking specific risk control measures, or by taking specific risk control measures in a particular order, is in addition to the obligations referred to in subclauses (1) and (2).Note.
For an example in which the above clause applies, see clause 11 (general obligation of employers and self-employed persons to eliminate risks or, if not reasonably practicable to do so, to control the risk).
6 Application of provisions providing for alternative duties if primary duty not reasonably practicable
(1) This clause applies to any provision of this Regulation that imposes a duty, such as a duty to eliminate a risk, on a person (the primary duty), but provides that if it is not reasonably practicable to comply with that duty, the person is required to comply with another duty, such as a duty to control the risk (the alternative duty).Note.
See duties to eliminate risks or, if that is not reasonably practicable, to control the risk (clause 11). See also particular alternative control measures in clause 5.(2) For the purposes of this Regulation, the primary duty of a person is not replaced by the alternative duty unless the person can establish that it is not reasonably practicable to comply with the primary duty.Note.
Section 28 of the Act provides a defence if the person can establish that it is not reasonably practicable to comply with the alternative duty.
7 Application of provisions of Part 2 of the Act (relating to general duties of certain persons) to persons having duties under this Regulation
(1) Section 10 (3) and (4) of the Act apply to the duties under this Regulation of a person who has control of premises used by people as a place of work.Note.
The effect of subclause (1) is to provide that the duties under this Regulation of a person who has control of premises used by people as a place of work:(a) do not apply to premises used only by employees of the controller, and (For the duties of an employer who is also the controller of the premises, see section 8 of the Act and the provisions of this Regulation imposing duties on employers.)(b) do not apply to premises occupied only as a private dwelling, and(c) end to the means of access to or exit from a place of work, and(d) apply only if the premises are controlled in the course of a trade, business or other undertaking (whether for profit or not) of the controller.If a controller of premises:
(a) has only limited control of the premises, any duty under this Regulation applies only to the matters over which the controller has control, or(b) is a controller by virtue of having, under a contract or lease, an obligation to maintain or repair the premises, any duty under this Regulation applies only to the matters covered by the contract or lease.(2) Section 11 (2) and (3) of the Act apply to the duties under this Regulation of designers, manufacturers and suppliers of plant and substances for use by people at work (other than plant affecting public safety).Note.
The principal effect of subclause (2) is to provide that the duties under this Regulation of designers, manufacturers and suppliers of plant and substances for use by people at work (other than plant affecting public safety):(a) apply only if the plant or substance is designed, manufactured or supplied in the course of a trade, business or other undertaking (whether for profit or not), and(b) apply whether or not the plant or substance is exclusively designed, manufactured or supplied for use by people at work.
8 Responsibilities held by more than one responsible person
If more than one person has a responsibility with respect to a particular occupational health and safety matter under this Regulation:(a) each such person retains responsibility for the matter, and(b) the responsibility is to be discharged in a co-ordinated manner.
Chapter 2 Places of work—risk management and other matters
Note.
This Chapter imposes obligations on an employer to identify foreseeable hazards that may arise from the conduct of the employer’s undertaking, to assess the risks of those hazards and to eliminate the risks or, if not reasonably practicable to do so, to control the risks.Division 2 of Part 2 of the Act requires an employer to consult with employees to enable them to contribute to the making of decisions affecting their health, safety and welfare at work. Among other things, the Division requires such consultation when risks to health and safety arising from work are assessed and when decisions are made about the measures to be taken to eliminate or control risks. (See Chapter 3 of this Regulation for further provisions regarding the machinery of consultation.)
This Chapter also applies to self-employed persons (see definition of employer in clause 3).
Additional requirements for risk management in relation to specified hazards at mining workplaces or coal workplaces are provided in the legislation applying to mining workplaces and coal workplaces (that is, the Mine Health and Safety Act 2004 and the Coal Mine Health and Safety Act 2002, respectively).
9 Employer to identify hazards
(1) An employer must take reasonable care to identify any foreseeable hazard that may arise from the conduct of the employer’s undertaking and that has the potential to harm the health or safety of:(a) any employee of the employer, oror both.(b) any other person legally at the employer’s place of work,(2) In particular (and without limiting the generality of subclause (1)), the employer must take reasonable care to identify hazards arising from:(a) the work premises, and(b) work practices, work systems and shift working arrangements (including hazardous processes, psychological hazards and fatigue related hazards), and(c) plant (including the transport, installation, erection, commissioning, use, repair, maintenance, dismantling, storage or disposal of plant), and
(c1) dangerous goods (including the storage or handling of dangerous goods), and(d) hazardous substances (including the production, handling, use, storage, transport or disposal of hazardous substances), and(e) the presence of asbestos installed in a place of work, and(f) manual handling (including the potential for occupational overuse injuries), and(g) the layout and condition of a place of work (including lighting conditions and workstation design), and(h) biological organisms, products or substances, and(i) the physical working environment (including the potential for any one or more of the following:(i) electrocution,(ii) drowning,(iii) fire or explosion,(iv) people slipping, tripping or falling,(v) contact with moving or stationary objects,(vi) exposure to noise, heat, cold, vibration, radiation, static electricity or a contaminated atmosphere,(vii) the presence of a confined space), and(j) the potential for workplace violence.(3) An employer must ensure that effective procedures are in place, and are implemented, to identify hazards:(a) immediately prior to using premises for the first time as a place of work, and(b) before and during the installation, erection, commissioning or alteration of plant in a place of work, and(c) before changes to work practices and systems of work are introduced, and(d) before hazardous substances are introduced into a place of work, and(e) while work is being carried out, and(f) when new or additional information from an authoritative source relevant to the health or safety of the employees of the employer becomes available.(4), (5) (Repealed)Maximum penalty: Level 4.
Note.
Other provisions of this Regulation (for example, in Chapters 4 and 5) impose specific hazard identification requirements on particular persons such as controllers of places of work, designers and manufacturers of plant and so on.
10 Employer to assess risks
(1) An employer must assess the risk of harm to the health or safety of the following persons arising from any hazard identified in accordance with this Chapter:(a) any employee of the employer, oror both.(b) any other person legally at the employer’s place of work,Note.
Also see clauses 78, 168 and 207 which require employers to keep and maintain risk assessment reports in relation to confined spaces, record results of risk assessments in relation to hazardous substances and prepare written risk assessments in respect of electrical work on electrical installations.(2), (3) (Repealed)Maximum penalty: Level 4.
Note.
Other provisions of this Regulation (for example, in Chapters 4 and 5) impose more specific risk assessment requirements on particular persons such as controllers of places of work, designers and manufacturers of plant and so on.
11 Employer to eliminate or control risks
(1) Subject to subclause (2), an employer must eliminate any reasonably foreseeable risk to the health or safety of:(a) any employee of the employer, oror both, that arises from the conduct of the employer’s undertaking.(b) any other person legally at the employer’s place of work,(2) If it is not reasonably practicable to eliminate the risk, the employer must control the risk.(3) An employer must ensure that all measures (including procedures and equipment) that are adopted to eliminate or control risks to health and safety are properly used and maintained.(4), (5) (Repealed)Maximum penalty: Level 4.
Note.
An employer must also comply with any specific risk control measures required by this Regulation. In particular see Parts 4.3, 4.4, 5.4 and 6.4 and Chapters 7 and 8. The Regulation (for example, in Part 4.2 and in Chapter 5) also imposes risk control requirements on other persons, such as controllers of places of work, designers and manufacturers of plant and so on. Clause 5 sets out the order of control measures to be taken if it is not reasonably practicable to eliminate a risk.
12 Employer to review risk assessments and control measures
An employer must review a risk assessment, and any measures adopted to control the risk, whenever:(a) there is evidence that the risk assessment is no longer valid, or(b) injury or illness results from exposure to a hazard to which the risk assessment relates, or(c) a significant change is proposed in the place of work or in work practices or procedures to which the risk assessment relates.Maximum penalty: Level 4.
13 Employer to provide instruction, training and information
(1) An employer must ensure that each new employee receives induction training that covers the following:(a) arrangements at the place of work for the management of occupational health and safety, including arrangements for reporting hazards to management,(b) health and safety procedures at the place of work relevant to the employee, including the use and maintenance of risk control measures,(c) how employees can access any health and safety information that the employer is required by this Regulation to make available to employees,(d) any other matter that this Regulation specifies should be the subject of induction training and that is relevant to the place of work concerned having regard to the competence, experience and age of the new employee.Maximum penalty: Level 3.
(2) An employer must ensure that any person who may be exposed to a risk to health and safety at the employer’s place of work:(a) is informed of the risk, and(b) is provided with any information, instruction and training necessary to ensure the person’s health and safety.The information, instruction and training (and the timing of its provision) must be commensurate with the risk to health and safety concerned.
Maximum penalty: Level 3.
(3) An employer must provide persons who have responsibilities with respect to the following under this Regulation with all available information necessary to enable them to fulfil those responsibilities:(a) identifying hazards,(b) assessing risks arising from those hazards,(c) eliminating or controlling those risks,(d) monitoring or reviewing risk control measures,(e) providing information.Maximum penalty: Level 4.
(4) Nothing in this clause requires an employer to train or instruct members of the public in the use of lifts or amusement devices.Note.
Specific requirements as to the provision of information relating to plant and hazardous substances are set out in Chapters 5 and 6.See Part 8.2 in relation to occupational health and safety induction training for construction work.
Clause 171 requires employers to retain records of induction or other training provided to employees who are likely to be exposed to hazardous substances.
14 Employer to provide supervision
(1) An employer must ensure that the employer’s employees are provided with reasonable supervision necessary to ensure the health and safety of the employees and any other persons at the employer’s place of work.(2) The employer must ensure that the supervision is undertaken by a competent person.(3) In determining the nature and extent of necessary supervision, the employer must have regard to the competence, experience and age of each employee.Maximum penalty: Level 3.
Note.
Specific requirements for supervision in relation to excavation work are imposed on employers by Chapter 8.
15 Provision by an employer of personal protective equipment
(1) If measures taken by an employer under clause 11 (2) to control a risk include the use of personal protective equipment, the employer must provide each person at risk with personal protective equipment and ensure that:(a) the equipment provided is appropriate for the person and controls the risk for that person, and(b) the person is informed of any limitations of the equipment, and(c) the person is provided with the instruction and training necessary to ensure that the equipment controls the risk for the person, and(d) the equipment is properly maintained and is repaired or replaced as frequently as is necessary to control the risk for the person, and(e) the equipment is provided in a clean and hygienic condition to the person, and(f) the equipment is stored in a place provided by the employer for the purpose, and(g) areas in places of work where personal protective equipment must be used are clearly identified.Maximum penalty: Level 3.
(2) In this clause, personal protective equipment includes any substance used to protect health (such as a sun protection cream) and any self-rescue respiratory device for use by a person working in the underground parts of a mining workplace or a coal workplace.Note.
Reference should also be made to any relevant Australian Standards relating to the provision and use of personal protective equipment.
16 Employer to obtain information
(1) An employer must obtain such information as is necessary to enable the employer to fulfil the employer’s responsibilities under this Regulation with respect to the following:(a) identifying hazards,(b) assessing risks arising from those hazards,(c) eliminating or controlling those risks,(d) providing information.Maximum penalty: Level 4.
(2) For the purposes of subclause (1), the information is to be reasonably available information from an authoritative source.
17 Employer to provide for emergencies
(1) An employer must ensure that, in the event of an emergency at any place of work at which the employer’s undertaking is conducted, arrangements have been made for:(a) the safe and rapid evacuation of persons from the place of work, and(b) emergency communications, and(c) appropriate medical treatment of injured persons.If the employer does not have control, or has only limited control, of the place of work, the duty under this subclause applies only to the matters over which the employer has control.
(2) In making arrangements for the purposes of this clause, an employer must take the following into account:(a) the nature of the hazards at the place of work,(b) the size and location of the place of work,(c) the number, mobility and capability of persons at the place of work.(3) If employees work at a fixed place of work, the employer must ensure that:(a) adequate arrangements are made for the shutting down and evacuation of the place of work in the event of an emergency, and(b) details of the arrangements for any such evacuation are kept on display in an appropriate location or locations at the place of work, and(c) one or more persons are appointed and appropriately trained to oversee any such evacuation and, if appropriate, in the use of on-site fire fighting equipment.Maximum penalty: Level 4.
Note.
Also see clause 13 (2) (b) which requires an employer to provide any person who may be exposed to a risk to health and safety at the employer’s place of work with any information, instruction and training necessary to ensure the person’s health and safety.
18 Employer to provide amenities
(1) An employer must ensure that appropriate amenities are available for all of the employer’s employees while they are at work.(2) The appropriateness of amenities is to be determined having regard to all of the circumstances of the case, including the following:(a) the nature of the work undertaken at the place of work,(b) the size and location of the place of work,(c) the number of men and of women at the place of work.Note.
Also see Part 4 of the Act (Industry codes of practice). Failure by an employer to observe any industry code of practice relevant to the provision of amenities may be used in evidence in any prosecution under this clause or clause 19. Industry codes of practice are prepared by WorkCover (in relation to places of work that are not mining workplaces or coal workplaces) or the Department Head (Mining) (in relation to places of work that are mining workplaces or coal workplaces) and approved by the Minister.(3) In this clause, amenities means facilities provided for the welfare or personal hygiene needs of persons and includes toilets, rest rooms, shelter sheds, seating, dining rooms, change rooms, provision of drinking water, lockers and washing facilities.Maximum penalty: Level 3.
19 Maintenance of amenities and accommodation
(1) An employer must ensure that:(a) any amenities provided in accordance with clause 18, andare maintained in a safe and healthy condition.(b) any accommodation provided by the employer for the welfare of employees because of the circumstances of their work,(2) If the employer does not have control, or has only limited control, of the amenities or accommodation, the duty under subclause (1) applies only to the matters over which the employer has control.Maximum penalty: Level 3.
20 Employer to provide first aid facilities and personnel
(1) In this clause:construction site means the site of construction work.
trained first aid personnel means:
(a) a person who holds a current first aid certificate issued after successful completion of a WorkCover approved first aid course, or(b) a person who holds a current occupational first aid certificate issued after successful completion of a WorkCover approved occupational first aid course, or(c) a level 3 or greater New South Wales ambulance officer, or(d) a registered nurse, or(e) a medical practitioner.(2) An employer must provide at each place of work:(a) first aid facilities that are adequate for the immediate treatment of injuries and illnesses that may arise at the place of work, and(b) if more than 25 persons are employed at a place of work—trained first aid personnel.(3) An employer must have regard to the location of the place of work, the number of employees at a particular location and the type of work being undertaken in determining the nature, number and location of the first aid facilities and the number of trained first aid personnel that are required. Subclauses (4)–(7) prescribe the minimum facilities and personnel that are required at various sites or places of work.Note.
See clause 194 as to additional first aid requirements in relation to the treatment of cyanide poisoning.(4) An employer must ensure that the first aid facilities at the following sites or places include a first aid kit of the type specified opposite the description of the site or place:
Maximum penalty: Level 4.
Note.
A register of injuries is required to be kept under the Workplace Injury Management and Workers Compensation Act 1998.
Chapter 3 Workplace consultation
Note.
This Chapter makes provision with respect to the duty of the employer to consult employees under Division 2 of Part 2 of the Act. The relevant provisions of the Act are as follows:(a) Section 13—provides that the employer must consult with the employees of the employer to enable those employees to contribute to the making of decisions affecting their health, safety and welfare at work.
(b) Section 14—defines the nature of consultation as the sharing of relevant information, the opportunity for employees to express their views and the taking into account of those views by the employer. (Relevant information to be shared would include matters that affect or may affect the health, safety or welfare at work of employees covered by particular consultative arrangements.)
(c) Section 15—sets out when consultation is to be undertaken (including when assessments are made of risks to health and safety, when decisions are made on measures to control or eliminate those risks, when changes are made to premises, systems or methods of work, or to plant or substances used for work, that may affect health, safety or welfare at work and when decisions are made about the consultation arrangements).
(d) Section 16—provides that consultation is to be undertaken by means of an OHS committee, an OHS representative or other agreed arrangements, or a combination of those means.
(e) Section 17—requires the establishment of an OHS committee if the employer employs 20 or more persons and a majority of the employees so requests or WorkCover so directs, and requires an OHS representative to be elected if at least one of the employees so requests or WorkCover so directs. A site check inspector for a mining workplace must be a member of any OHS committee for that place of work. A site check inspector and the electrical check inspector for a coal workplace must be members of any OHS Committee for that place of work. Other consultative arrangements require agreement between the employer and employees.
(f) Section 18—sets out the functions and powers of OHS committees and OHS representatives.
A reference to WorkCover in certain provisions of the Act, in connection with the application of the provisions to a mining workplace or a coal workplace, is taken to be a reference to the Department Head (Mining), by virtue of clause 358 (3).
21 Definitions
In this Chapter:OHS consultation arrangements means the requirements imposed by sections 16 and 17 of the Act with respect to the establishment of an OHS committee, the election of an OHS representative or the establishment of other agreed consultation arrangements.
workgroup means the group of employees that is represented by a particular OHS committee or OHS representative.
22 Setting up consultation arrangements (section 15 (f) of the Act)
(1) The employer must, in accordance with section 15 (f) of the Act, consult on the procedures for consultation, that is, whether consultation is to be undertaken by means of an OHS committee, an OHS representative or other agreed arrangements, or a combination of those means.(2) If the proposed OHS consultation arrangements provide for an OHS committee or OHS representative, the employer must consult on the following:(a) the composition of the relevant workgroups under the arrangements,(b) the relationship between an OHS committee and an OHS representative if both are to be provided under the arrangements,(c) the number of employee representatives and of employer representatives on any OHS committee,(d) the arrangements for electing any OHS representative or employee representatives on any OHS committee (including arrangements for dealing with absences, the removal of members or other casual vacancies),(e) the arrangements for meetings of any OHS committee and meetings between the employer and any OHS representative (including the frequency of ordinary meetings and the calling of special meetings),(f) the procedures for any such meeting (including whether meetings may be held by electronic communication or the circulation of papers),(g) the arrangements for communications between the persons elected by the employees in a workgroup and those employees (including procedures for enabling the employees in the workgroup to raise issues and make complaints about occupational health and safety matters),(h) the arrangements for the training of members of any OHS committee or any OHS representative,(i) the relationship between representatives of the workgroup of an employer and the representatives of the workgroup of another employer.(3) If the proposed OHS consultation arrangements provide for other agreed arrangements, the employer must consult on arrangements with respect to meetings with the employer, communication with the employees, the functions and training of the persons involved, the procedures for resolving occupational health and safety issues, the role of any relevant industrial organisation of employees and other relevant matters.(4) OHS consultation arrangements are to be reviewed as occasion requires. Consultation on new arrangements is to be undertaken if a majority of the employees in the workgroup so request or if there has been a significant change in the composition of the workgroup that is not reflected in the existing arrangements.(5) A Federal or State industrial organisation of employees may represent, for the purposes of consultation on OHS consultative arrangements, any of those employees who request the organisation to represent them.
23 Workgroups represented by OHS committees or OHS representatives
(1) The relevant workgroups to be represented by OHS committees or OHS representatives are to be determined in a manner that ensures that they are able to represent effectively the employees in each workgroup and, in particular, in a manner that enables them to undertake regular meaningful communication with the employees in each workgroup.(2) The diversity of the employees and their work must be taken into account when determining the relevant workgroups. In particular, the following must be taken into account:(a) the hours of work of employees (including the representation of employees on shift work),(b) the pattern of work of employees (including the representation of part-time, seasonal or short term employees),(c) the number and grouping of employees,(d) the geographic location where the employees work (including the representation of employees in dispersed locations such as those in the transport industry or working from home),(e) the different types of work performed by employees and the different levels of responsibility,(f) the attributes of employees (including gender, ethnicity, age and special needs),(g) the nature of the occupational health and safety hazards at the place of work,(h) the interaction of the employees with the employees of other employers.(3) It is not necessary to establish separate workgroups for different categories of employees, places of work or other matters referred to above.(4) OHS consultation arrangements that include both an OHS committee and an OHS representative for a workgroup must ensure that the committee is the principal mechanism for consultation for that workgroup.
24 Minimum requirements for OHS committees
The procedures with respect to the establishment and composition of OHS committees must comply with the following requirements:(a) the employee representatives on a committee must be elected by and from the employees in the relevant workgroup the committee represents,(b) an election for those representatives must be conducted in a manner that is consistent with recognised democratic principles,(c) an election may be conducted by a Federal or State industrial organisation of employees if a majority of the employees concerned request the organisation to conduct the election,(d) the number of employer representatives on a committee must not exceed the number of elected employee representatives on the committee,(e) the chairperson of a committee is not to be an employer representative,(f) a person who is elected as an OHS representative for a workgroup may be an employee representative on a committee that relates to the workgroup without further election if it is provided for in the OHS consultation arrangements,(g) a person who is elected as an employee representative on a committee may be an employee representative on another related committee without further election if it is provided for in the OHS consultation arrangements,(h) an employee representative on a committee is to be elected for a maximum period of 2 years (but the term of office may be shortened in connection with a change in OHS consultation arrangements),(i) a person elected as an employee representative on a committee is eligible for re-election,(j) a person is not eligible to be an employer representative on a committee unless the person has authority to act on behalf of the employer in occupational health and safety matters at the place of work.Note.
Section 17 (6) of the Act requires that, in the case of a coal workplace, a site check inspector and the electrical check inspector for that coal workplace must be members of any OHS committee for that place of work. Section 17 (7) of the Act requires that, in the case of a mining workplace, a site check inspector for the mining workplace must be a member of any OHS committee for that place of work. The election of site check inspectors for mining workplaces or coal workplaces is determined by the Mine Health and Safety Act 2004 or the Coal Mine Health and Safety Act 2002, respectively.
25 Minimum requirements for election of OHS representatives
The procedures with respect to the election of OHS representatives (as required by section 16 (b) of the Act) must comply with the following requirements:(a) the OHS representative must be elected by and from the employees in the relevant workgroup the person represents,(b) the election must be conducted in a manner that is consistent with recognised democratic principles,(c) the election may be conducted by a Federal or State industrial organisation of employees if a majority of the employees concerned request the organisation to conduct the election,(d) an OHS representative is to be elected for a maximum period of 2 years (but the term of office may be shortened in connection with a change in OHS consultation arrangements),(e) a person elected as an OHS representative is eligible for re-election.
26 Other agreed arrangements (sections 16 (c) and 17 (3) of the Act)
(1) This clause applies to other agreed arrangements for consultation referred to in section 17 (3) of the Act.(2) The functions of persons under other agreed arrangements are those that are derived from the agreement.(3) Other agreed arrangements may comprise arrangements negotiated at an industry level. Any such arrangements may be used by a particular employer in the industry if the arrangements are agreed to by a majority of the employees and, in their application to that employer, comply with the requirements for consultation of the Act and this Regulation.Note.
Section 17 (3) of the Act provides that a Federal or State industrial organisation of employees may, on request, represent employees for the purposes of consultation on occupational health, safety and welfare under other agreed arrangements.
27 Related obligations of employer with respect to duty to consult
(1) An employer has the following obligations in connection with OHS consultation arrangements of the employer:(a) to record those arrangements,(b) to publicise those arrangements among existing and new employees to whom they relate,(c) to provide members of OHS committees or OHS representatives with reasonable access to the employees they represent during working hours for the purposes of communication,(d) to provide reasonable facilities, and access during working hours to the workplace, for the purposes of OHS consultation arrangements (including for the purposes of conducting or holding elections, meetings and inspections),(e) to ensure that employer representatives on an OHS committee participate in the work of the committee on a regular basis,(f) to ensure that employees participating in consultation (and in training for consultation) in accordance with OHS consultation arrangements are paid as if they were engaged in the duties of their employment (whether they participate as representatives of employees or of the employer),(g) to pay the costs reasonably and necessarily incurred by employees in connection with their participation in that consultation or training,(h) to facilitate the OHS consultation arrangements of another employer where employees of that other employer are working at the employer’s place of work.(2) An employer who fails to comply with an obligation under this clause is guilty of an offence.Maximum penalty: Level 3.
(3) This clause does not affect the duty of an employer to consult under section 13 of the Act and the maximum penalty provided for contravening that section.
28 Employees to disclose certain matters
(1) An employee must take reasonable steps to prevent risks to health and safety at work by notifying the employee’s employer or supervisor of any matter that, to the knowledge of the employee, may affect the capacity of the employer to comply with the requirements of this Regulation.Maximum penalty: Level 2.
(2) An employee may discharge the obligation under subclause (1) by notifying the matter in accordance with OHS consultation arrangements to the relevant OHS representative or member of the relevant OHS committee.Note.
For other obligations of employees, or that may relate to employees, see the following sections of the Act:(a) Section 20 (1)—requires an employee to take reasonable care for the health and safety of people who are at the employer’s place of work and who may be affected by the employee’s acts or omissions at work.(b) Section 20 (2)—requires an employee to co-operate with the employer or other persons so far as is necessary to enable compliance with OHS duties of the employer or other person.(c) Section 21—prohibits a person interfering with or misusing anything provided in the interests of occupational health, safety and welfare.(d) Section 23—prohibits an employer dismissing or victimising an employee because of an OHS-related complaint, membership of an OHS committee or election as an OHS representative or the exercise of any other functions under the consultative arrangements made by the Act.(e) Section 25—prohibits a person, without reasonable excuse, deliberately creating a risk (or appearance of a risk) to health or safety of people at work with the intention of causing a disruption of work.
29 Procedure for resolving matter that may be risk to health and safety
(1) This clause applies to the function of an OHS committee or an OHS representative under section 18 (c) of the Act to attempt to resolve a matter that may be a risk to health and safety at the place of work but, if unable to do so, to request an investigation by an inspector to resolve the matter.(2) For the purpose of resolving the matter:(a) the applicable OHS consultative arrangements are to be used, and(b) the matter must be formally referred to the employer, and(c) the employer is to consider the matter and respond in a timely manner.(3) If the matter is not resolved after the employer has been given a reasonable opportunity to consider and respond to the matter, the OHS committee or OHS representative may request an investigation of the matter by an inspector.(4) Such a request by an OHS committee is to be made through the chairperson of the committee. The committee may make arrangements for the making of such requests by the chairperson without a formal meeting of the committee being convened to authorise the making of each particular request.(5) This clause does not limit any other power with respect to the inspection of places of work or of disputes arising at places of work.
30 Additional functions of OHS committees and OHS representatives (section 18 (d) of the Act)
(1) An OHS committee and an OHS representative have the following additional functions:(a) to make a request to accompany an inspector as an observer on an inspection under section 69 (b) of the Act that affects the workgroup that the committee or representative represents,(b) to be an observer during any formal report by an inspector to the employer in connection with any occupational health and safety matter concerning the workgroup that the committee or representative represents,(c) to accompany an employee of the workgroup that the committee or representative represents, at the request of the employee, during any interview by the employer on any occupational health and safety issue,(d) to be an observer during any formal in-house investigation of an incident at the relevant place of work that is required to be notified to WorkCover, or the Department Head (Mining), under Division 4 of Part 5 of the Act,(e) to assist in the development of arrangements for recording workplace hazards and accidents to promote improved workplace health and safety,(f) to make recommendations on the training of members of OHS committees and of OHS representatives,(g) to make recommendations on the training of employees in relation to occupational health and safety.(2) An observer under subclause (1) (a), (b) or (d) must be an employee member of the OHS committee or the OHS representative and only one person may act as such an observer at any particular time.Note.
Section 18 of the Act provides that an OHS committee or OHS representative has the following functions:(a) to keep under review the measures taken to ensure the health, safety and welfare of persons at the place of work,(b) to investigate any matter that may be a risk to health and safety at the place of work,(c) to attempt to resolve the matter but, if unable to do so, to request an investigation by an inspector for that purpose,(d) the additional functions prescribed above.Functions under the Act and this Regulation includes “powers” and “duties”.
Section 144 of the Mine Health and Safety Act 2004 sets out the functions of site check inspectors for a mining workplace. Section 164 of the Coal Mine Health and Safety Act 2002 sets out the functions of site check inspectors for a coal workplace.
31 Training to be undertaken by members of OHS committees and OHS representatives
(1) An employer must ensure that each member of an OHS committee and each OHS representative undertakes a course of training in accordance with this clause.Maximum penalty: Level 2.
(2) The course of training must be undertaken as soon as practicable after the person is first appointed as a member of the committee or first elected as a representative (unless the person has previously undertaken an approved course of training).(3) The course of training must be provided by:(a) a trainer who is accredited by WorkCover to provide that course of training, or(b) a registered training organisation (within the meaning of the Vocational Education and Training Act 2005) whose registration extends to providing a course of OHS consultation training.(4) An application by an individual to be accredited as a trainer:(a) is to be in the form, and accompanied by the particulars, approved by WorkCover, and(b) is to be accompanied by such application fee as WorkCover determines to cover the expenses in dealing with the application.WorkCover may approve an application for accreditation (with or without conditions) or may refuse the application.
Note.
See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to refuse to accredit a person as a trainer under this clause.(5) A course of training undertaken under this clause must include all the topics of OHS consultation training listed in the Table to this clause (undertaken over the period specified in guidelines issued by WorkCover for the purpose).(6) The trainer who provides a course of training under this clause must ensure that:(a) the training complies with the requirements of this Chapter, and(b) a statement of training is provided to each person who completes one or more topics of OHS consultation training and a copy of the statement is provided to the employer, and(c) the trainer makes a record of the training provided and retains the record for at least 6 years.The statement of training must be in a form approved by WorkCover and record the topics of OHS consultation training completed, the date of completion and other particulars required by the approved form.
Maximum penalty: Level 2.
(7) An employer must keep a record of the training undertaken by a person under this clause until at least 3 years after the person ceases to be an employee of, or associated with, the employer.Maximum penalty (subclause (7)): Level 2.
(8) This clause does not apply to a person who is a member of an OHS committee by virtue of being a site check inspector in relation to a coal workplace.Note.
Section 145 of the Mine Health and Safety Act 2004 makes provision regarding the training of site check inspectors appointed under that Act.Table OHS consultation training topics
Topic 1
Topic 2
Details the requirements for consultation under the Occupational Health and Safety Act 2000
Describes the mechanisms for consultation including workplace committees and OHS representativesTopic 3
Outlines effective communication techniques
Describes how these are essential in the consultative processTopic 4
Topic 5
Topic 6
Topic 7
32 Savings and transitional arrangements
(1) The OHS consultation arrangements must be implemented within 12 months after the commencement of the Act, except as provided by subclause (2).(2) (Repealed)(3) Any course of training of a member of an OHS committee or an OHS representative that was undertaken for the purposes of and in accordance with the regulations under the former Act is taken to have been undertaken for the purposes of and in accordance with this Regulation.(4) (Repealed)(5) A trainer accredited by WorkCover in accordance with the regulation referred to in subclause (4) is taken to have been accredited by WorkCover under clause 31.
Chapter 4 Work premises and working environment
Note.
This Chapter is divided into 5 Parts. Part 4.1 deals with preliminary matters. Part 4.2 deals with the responsibilities of controllers of premises as to hazard identification, risk assessment, risk control and provision of information generally and as to fall prevention, electricity and asbestos installed in the workplace in particular. Part 4.3 deals with the use of places of work and the responsibilities of employers as to working space, lighting, heat and cold, noise management, atmosphere, working at heights, fire prevention, electricity and working in confined spaces. Part 4.4 deals with manual handling. Part 4.5 deals with long distance truck driver fatigue.Part 4.1 Preliminary
33 Definitions
(1) In this Chapter:anchorage point means:
(a) a secure point of attachment on a structure to which a fall arrest device or anchorage line may be secured, or(b) a secure point on a fall arrest device to which a lanyard may be secured.brittle or fragile roofing material means any roof covering material that would be liable to fail if the weight of a person likely to pass across the material, and anything carried by or on the person, were applied to it.
controller of premises means a person who has control of premises used by people as a place of work, including:
(a) a person who has only limited control of the premises, and(b) a person who has, under any contract or lease, an obligation to maintain or repair the premises.electrical article has the same meaning as it has in the Electricity (Consumer Safety) Act 2004.
electrical installation has the same meaning as it has in the Electricity (Consumer Safety) Act 2004, except that it extends to electrical equipment in or about a mining workplace or coal workplace.
electricity supply authority has the same meaning as it has in the Electricity (Consumer Safety) Act 2004.
fall arrest device means a self-locking device with the function of arresting a fall.
monitor means to survey regularly all measures used to control atmospheric contaminants in a place of work.
place of work, in relation to premises, means a place of work at those premises.
(2) (Repealed)
Part 4.2 Work premises
Note.
Section 10 of the Act contains a general requirement for controllers of premises to ensure that the premises are safe and without risks to health. This Part sets out particular duties.Also see clause 7 (1) as to the extent of the duties of a controller of premises under this Part.
Division 1 General duties of controllers of premises
34 Controller of premises to identify hazards
(1) A controller of premises must identify any foreseeable hazard arising from the premises that has the potential to harm the health or safety of any person accessing, using or egressing from the premises.(2) Without limiting the generality of subclause (1), the controller must identify hazards arising from:(a) the layout and condition of the premises, including the presence of a confined space, and(b) the physical working environment, including the potential for:(i) people slipping, tripping or falling, and(ii) objects or structures falling on people, and(c) the presence of material containing asbestos.(3) A controller of premises must ensure that hazards are identified:(a) during any design of the premises, and(b) before the premises are provided for use as a place of work.Maximum penalty: Level 4.
35 Controller of premises to assess risks
(1) A controller of premises must assess the risk of harm to the health or safety of any person arising from any hazard identified in accordance with this Division.(2) When assessing those risks, the controller must:(a) evaluate the likelihood of an injury or illness occurring and the likely severity of any injury or illness that may occur, and(b) review available health and safety information relevant to a particular hazard, and(c) identify the actions necessary to eliminate or control the risk, and(d) identify records that it is necessary to keep to ensure that risks are controlled (including the length of time for which records are to be kept).(3) A risk assessment may relate to more than one place of work or hazard so long as it takes account of the particular circumstances of each place of work or hazard.Maximum penalty: Level 4.
36 Controller of premises to eliminate or control risks
(1) A controller of premises must eliminate any risk, arising from the premises, to the health or safety of any person accessing, using or egressing from the premises.(2) If it is not reasonably practicable to eliminate the risk, the controller of the premises must control the risk.(3) A controller of premises must ensure that all measures (including procedures and equipment) that are adopted to eliminate or control risks to health or safety are properly used and maintained.Maximum penalty: Level 4.
Note.
This Part also contains specific risk control requirements with which the controller must comply.
37 Controller of premises to review risk assessments and control measures
A controller of premises must review a risk assessment, and any measures adopted to control the risk, whenever:(a) there is evidence that the risk assessment is no longer valid, or(b) injury or illness results from exposure to a hazard to which the risk assessment relates, or(c) there is a significant change in the premises or place of work to which the risk assessment relates.Maximum penalty: Level 4.
38 Controller of premises to provide information
(1) A controller of premises must provide other persons who have responsibilities under this Regulation with all available information that is necessary to enable the other persons to fulfil their responsibilities with respect to the following:(a) identifying hazards,(b) assessing risks arising from those hazards,(c) eliminating or controlling those risks,(d) providing information.(2) Without limiting the generality of subclause (1), the controller must provide any employer who uses the premises concerned as a place of work with information about:(a) any foreseeable hazard arising from the premises that has the potential to harm the health or safety of any person accessing, using or egressing from the premises, and(b) an assessment of any risk arising from the premises that has not been eliminated by the controller, and(c) the measures taken by the controller to control any such risk, and(d) any measures (including use and maintenance of procedures and equipment) that the employer may need to adopt to control any such risk.Maximum penalty: Level 4.
Division 2 Fall prevention
39 Fall prevention—particular risk control measures
A controller of premises must ensure that:(a) safe access is provided to all parts of a place of work to which a person may require access and from which the person may fall, and(b) if the whole or any part of the roof of a building or structure comprises or includes any brittle or fragile roofing material, warning signs are provided that:(i) contain the words “DANGER—BRITTLE ROOF”, and(ii) are affixed to each individual slope, curve or section of the roof and to all other places from which access to the roof may be obtained, and(c) walkways are provided and maintained over roofs that are wholly or partly covered by brittle or fragile roofing material, and(d) if windows are designed to be cleaned from the outside, anchorage points for fall arrest devices are provided on each window or other safe means for cleaning every window of the building or structure are provided, and(e) floors are designed to be safe without risks of slips, trips or falls, with adequate drainage (if necessary) and appropriate floor coverings (if necessary).Maximum penalty: Level 4.
Division 3 Electricity
40 Application
In the event of an inconsistency between the requirements of this Division and the Electricity (Consumer Safety) Regulation 2006, the requirements of that Regulation prevail.Note.
The Electricity (Consumer Safety) Regulation 2006 requires all electrical installation work (within the meaning of the Electricity (Consumer Safety) Act 2004) to be carried out in accordance with AS/NZS 3000:2000 Electrical installations (known as the Australian/New Zealand Wiring Rules).
41 Electricity—particular risk control measures
(1) A controller of premises must ensure that:(a) any electrical installation at the premises:(i) is safe at the time it is made available for use by an employer, or(ii) if not safe, is disconnected from the electricity supply and secured and the employer is informed that it is not safe, and(b) electrical installations containing live electrical components (such as control panels, switchrooms, switchyards and substations) are suitably secured to prevent inadvertent access, and(c) persons entering an area in which such electrical installations are situated are appropriately trained in issues such as safe entry, emergency procedures and safe use of electrical plant and equipment.(2) A controller of premises must ensure that:(a) any electrical article provided for use at, or in connection with any electrical installation at, a place of work is safe at the time the place of work is made available for use by an employer, or(b) if not safe, the article is disconnected from the electricity supply and secured and the employer is informed that it is not safe.(3) A controller of premises must ensure that any such electrical installation or electrical article that is connected to the electricity supply is, to the extent that the owner retains control over the installation or article, maintained in a safe condition.(4) A controller of premises must ensure that persons working in, or undertaking maintenance on, the premises (apart from those undertaking electrical work) are prevented from coming within an unsafe distance from any overhead electrical power lines or live electrical installations unless a risk assessment determines otherwise.(5) A controller of premises must obtain documentation of any significant modifications made to electrical circuits at the premises from the person doing the work and ensure that the documentation is maintained and kept readily accessible for persons undertaking further electrical work.Maximum penalty: Level 4.
Division 4 Asbestos
42 Definitions
Words and expressions used in this Division have the same meanings as they have in Part 8.7 (Asbestos—particular provisions).
43 Asbestos—risk assessment and control
A controller of premises that contains asbestos or asbestos-containing material must ensure that risk assessment and control measures are carried out in accordance with the document entitled Code of Practice for the Management and Control of Asbestos in the Workplace [NOHSC: 2018 (2005)] published by the NOHS Commission, as in force from time to time.Maximum penalty: Level 4.
Note.
See clause 34 for obligation of controller to identify presence of asbestos material.
44 Record keeping—register of asbestos
A controller of premises must ensure that:(a) a register, in which the type, condition and location of all asbestos and asbestos-containing material in any place of work is recorded, is prepared and maintained, and(b) any action taken to control asbestos and asbestos-containing material in the place of work or in plant at the place of work is recorded in the register, including details of:(i) any assessment concerning the asbestos that took place before the work was carried out, and(ii) if the work was carried out by a contractor rather than by an employee of the controller, the name of the person who carried out the work, and(iii) the date on which the work was carried out, and(c) all occupiers of the place of work are provided with a copy of the register and all updates to it.Maximum penalty: Level 3.
Part 4.3 Use of places of work
Note.
Section 8 of the Act contains a general requirement for employers to ensure the health, safety and welfare at work of their employees. That requirement extends to:(a) ensuring that any premises controlled by the employer where the employees work (and the means of access to or exit from the premises) are safe and without risks to health, and
(b) ensuring that any plant or substance provided for use by the employees at work is safe and without risks to health when properly used, and
(c) ensuring that systems of work and the working environment of the employees are safe and without risks to health, and
(d) providing such information, instruction, training and supervision as may be necessary to ensure the employees’ health and safety at work, and
(e) providing adequate facilities for the welfare of the employees at work.
Section 8 also requires an employer to ensure that people (other than the employees of the employer) are not exposed to risks to their health or safety arising from the conduct of the employer’s undertaking while they are at the employer’s place of work.
Chapter 2 of this Regulation also contains general obligations of employers to control risks. This Part sets out particular risk control measures to be undertaken by employers. Employer, for the purposes of this Part, includes self-employed persons (see clause 3).
Section 9 of the Act contains a general requirement for a self-employed person to ensure that people (other than employees of the person) are not exposed to risks to their health or safety arising from the conduct of the person’s undertaking while they are at the person’s place of work.
Division 1 Working space
45 Working space—particular risk control measures
An employer must ensure that:(a) sufficient working space is provided to allow persons to work safely, and(b) floors and surfaces are constructed and maintained to minimise the possibility of slips, trips and falls, and(c) persons are unhindered and able to move safely around a place of work.Maximum penalty: Level 4.
Note.
See also Division 9 (Working in confined spaces).
Division 2 Lighting
46 Lighting—particular risk control measures
An employer must ensure that lighting is provided that:(a) is adequate to allow employees to work safely, and(b) does not create excessive glare or reflection, and(c) is adequate to allow persons who are not employees to move safely within the place of work, and(d) facilitates safe access to and egress from the place of work, including emergency exits.Maximum penalty: Level 4.
Division 3 Heat and cold
47 Hot working environments—particular risk control measures
An employer must ensure that:(a) adequate ventilation and air movement is provided in indoor environments that may become hot, and(b) appropriate work and rest regimes relative to the physical fitness, general health, medication taken and body weight of each employee exposed to heat are implemented.Maximum penalty: Level 4.
48 Cold working environments—particular risk control measures
An employer must ensure that:(a) employees exposed to cold have adequate access to heated or sheltered work areas and warm clothing or other personal protective equipment, and(b) appropriate work and rest regimes relative to the physical fitness, general health, medication taken and body weight of each employee exposed to cold are implemented.Maximum penalty: Level 4.
Division 4 Noise management
49 Noise management—particular risk control measures
(1) An employer must ensure that appropriate control measures are taken if a person is exposed to noise levels that:(a) exceed an 8-hour noise level equivalent of 85 dB(A), or(b) peak at more than 140 dB(C).Maximum penalty: Level 4.
(2) For the purposes of subclause (1):(a) the measurement is to be made in accordance with AS/NZS 1269.1:1998 Occupational noise management Part 1: Measurement and assessment of noise imission and exposure, and(b) exposure to noise is taken to be measured at the position of the ears of a person, or at an equivalent of that position, and(c) the measurement is to be made on the assumption that the person is not wearing any device to protect himself or herself from noise.
Division 5 Atmosphere
49A Application to mining workplaces that are mines and to coal workplaces
This Division does not apply to the atmosphere of a mining workplace that is a mine, or to the atmosphere of a coal workplace, to the extent that more exacting standards are created by or under another Act in relation to that atmosphere than are made by this Division.
50 Definitions
In this Division:atmospheric contaminant means:
(a) a hazardous substance that occurs in the form of a fume, mist, gas, dust or vapour, or(b) an asphyxiant, orto which persons may be exposed in the working environment.(c) nuisance dust,inspirable dust means those airborne particles of dust that can be taken in through the nose or mouth during breathing.
respirable fibre means a fibrous particle with a diameter of less than 3 micrometres and a length of greater than 5 micrometres, with a length to width ratio of greater than 3:1, that can reach the deepest part of a lung.
safe oxygen level means a minimum oxygen content in air of 19.5% by volume under normal atmospheric pressure and a maximum oxygen content in air of 23.5% by volume under normal atmospheric pressure.
synthetic mineral fibre means any manufactured mineral fibre, including mineral woolrock (rockwool and slagwool), glasswool (including superfine glassfibre) and ceramic fibres.
synthetic mineral fibre dust means dust arising from a synthetic mineral fibre.
TWA (time-weighted average) means the average airborne concentration of a particular substance when calculated over a normal 8-hour working day for a 5-day working week.
51 Atmospheric contaminants—particular risk control measures
(1) An employer must ensure that no person at a place of work is exposed to an airborne concentration of an atmospheric contaminant that exceeds or breaches a standard referred to in or determined under subclause (2).Maximum penalty: Level 4.
(2) For the purposes of subclause (1), the standard is as follows:(a) for atmospheric contaminants other than synthetic mineral fibre dust—as determined in accordance with the documents entitled “Guidance Note on the Interpretation of Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 3008]” and “Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 1003]”, as amended from time to time by amendments published in the Chemical Gazette of the Commonwealth of Australia,(b) (Repealed)(c) for synthetic mineral fibre dust if almost all the airborne mineral is fibrous—in addition to a respirable standard determined under paragraph (a), an exposure standard of 2 mg/m3 (TWA) of inspirable dust, but where the inspirable standard is not to take precedence over the respirable standard,(d) for dusts not otherwise classified—10mg/m3 (TWA) inspirable dust exposure standard applies.
52 Unsafe levels of oxygen—risk control measures
An employer must ensure that appropriate risk control measures are taken when atmospheres in a place of work contain an unsafe oxygen level.Maximum penalty: Level 4.
53 Ventilation—particular risk control measures
(1) An employer must ensure that:(a) mechanical ventilation appropriate for the work being carried out is used to control atmospheric contaminants and that the ventilation is maintained regularly, and
Figure 4—Form of a label for goods too dangerous to be transported
5 Placard for C1 combustible liquids (in bulk and in packages)
A placard for C1 combustible liquids in bulk and in packages must display the words “COMBUSTIBLE LIQUID” as shown in Figure 5 in black letters in the style shown, not less than 100 mm high and on a white or silver background.Figure 5—Placard for C1 combustible liquids
Schedule 7 Information to be contained in a manifest
1 General information
(1) The name of the occupier of the premises.(2) The address of the premises.(3) The date when the manifest was prepared or last revised.
2 Emergency contacts
Contact information for at least 2 persons (or for one person if that person is available at all times) who may be contacted in the event of an emergency for information as to the nature and quantity of dangerous goods likely to be on the premises.
3 Summary information about Classes of dangerous goods
A summary list that specifies the maximum quantity of:(a) each Packing Group of each Class of dangerous goods that has Packing Groups, and(b) each Class of dangerous goods that does not have Packing Groups, and(c) C1 combustible liquids, andthat the premises may store or handle.(d) each type of goods too dangerous to be transported,
4 Dangerous goods stored in bulk other than in IBCs
(1) In relation to each container (other than an IBC) and each other form of storage of dangerous goods in bulk at the premises:(a) the identification number or code, and(b) the type and capacity.(2) In relation to dangerous goods that are:(a) dangerous goods other than C1 combustible liquids or goods too dangerous to be transported—the proper shipping name, the UN Number and Class of the dangerous goods, and(b) C1 combustible liquids—the product name and the statement “Combustible Liquid”, and(c) goods too dangerous to be transported—the name of the goods specified in Appendix 5 of the ADG Code and the statement “Goods too dangerous to be transported”.
5 Packaged dangerous goods
In relation to each storage location that contains packaged dangerous goods or dangerous goods in IBCs, and that is required to be placarded in accordance with Subdivision 6 of Division 3 of Part 6A.3:(a) the identification number or code for the storage location, and(b) for dangerous goods of Packing Group I or Class 2.3 that are likely to be kept in the storage location:(i) the proper shipping name of the dangerous goods that are assigned to a Class, and(ii) the Class, and(iii) the maximum quantity of each of the dangerous goods that may be stored or handled in the storage location, and(c) for goods too dangerous to be transported that are likely to be kept in the storage location:(i) the name of the dangerous goods specified in Appendix 5 of the ADG Code, and(ii) the statement “Goods too dangerous to be transported”, and(iii) the maximum quantity of each of the dangerous goods that may be stored or handled in the storage location, and(d) for other dangerous goods that are likely to be kept in the storage location:(i) for dangerous goods with an assigned Class—the Class for the dangerous goods, and(ii) for C1 combustible liquids—the statement “Combustible Liquid”, and(iii) in any case, the maximum quantity of each Class and the maximum quantity of C1 combustible liquids that may be stored or handled in the storage location.
6 Dangerous goods in manufacture
In relation to each location where dangerous goods are manufactured:(a) the identification number or code of the manufacturing location, and(b) for dangerous goods with an assigned Class—the Class of each type of dangerous goods and the maximum quantity of each Class that can be handled in the location, and(c) for goods too dangerous to be transported—the statement “Goods too dangerous to be transported” and the maximum quantity of those goods that can be handled in the location, and(d) for C1 combustible liquids—the statement “C1 combustible liquid” and the maximum quantity of C1 combustible liquids that can be handled in the location.
7 Dangerous goods loaded onto vehicle, vessel or aircraft
If, in relation to any dangerous goods loaded onto a vehicle, vessel or aircraft at the premises, there are dangerous goods shipping documents that comply with the ADG Code available for the goods, the information required by clauses 3, 4 and 5 may be provided in the form of a compilation of those shipping documents.
8 Plan of premises
A plan of the premises that:(a) shows the location of:(i) the containers and other forms of storage of dangerous goods in bulk referred to in clause 4, and(ii) the storage locations for packaged dangerous goods and dangerous goods in IBCs referred to in clause 5, and(iii) the locations where dangerous goods are manufactured referred to in clause 6, and(b) includes a description in words of the location of:(i) the items referred to in paragraph (a), and(ii) areas where dangerous goods loaded onto a vehicle, vessel or aircraft may be located, and(c) provides the identification number or code for the items referred to in paragraph (b), and(d) provides a legend for the identification numbers and codes referred to in paragraph (c), and(e) shows the location of:(i) the main entrance and the other points of entry to the premises, and(ii) essential site services, including fire services and isolation points for fuel and power, and(iii) the manifest, and(iv) all drains on the site, and(f) describes the nature of the occupancy of adjoining sites or premises.
Schedule 8 Identification of a major hazard facility
(a) if the material is specifically listed in Table 1, the threshold quantity is to be determined from Table 1, and
(b) if a material is not specifically listed in Table 1, the appropriate threshold quantity is to be determined from Table 2 from the description which best applies to the material, and
(c) if more than one of the descriptions in Table 2 applies to a material, the description with the lowest threshold quantity is to be used.
Material | UN numbers included under name | Threshold quantity (tonnes) |
ACETONE CYANOHYDRIN | 1541 | 20 |
ACETYLENE | 1001 | 50 |
ACROLEIN | 1092 | 200 |
ACRYLONITRILE | 1093 | 200 |
ALLYL ALCOHOL | 1098 | 20 |
ALLYLAMINE | 2334 | 200 |
AMMONIA, ANHYDROUS, LIQUEFIED or AMMONIA SOLUTIONS, relative density less than 0.880 at 15°C in water, with more than 50% ammonia | 1005 | 200 |
AMMONIUM NITRATE, with not more than 0.2% combustible substances, including any organic substances calculated as carbon, to the exclusion of any other added material | 1942 | 2500 |
AMMONIUM NITRATE FERTILIZERS | 2067 | 5000 |
2068 | ||
2069 | ||
2070 | ||
ARSENIC PENTOXIDE, Arsenic (V) Acid and other salts | 1559 | 10 |
ARSENIC TRIOXIDE, Arsenious (III) Acid and other salts | 1561 | 0.10 |
ARSINE | 2188 | 0.01 |
BROMINE or BROMINE SOLUTIONS | 1744 | 100 |
CARBON DISULFIDE | 1131 | 200 |
CHLORINE | 1017 | 25 |
DIOXINS | 0.10 | |
ETHYL NITRATE | 50 | |
ETHYLENE DIBROMIDE | 1605 | 50 |
ETHYLENE OXIDE | 1040 | 50 |
ETHYLENEIMINE | 1185 | 50 |
FLUORINE | 1045 | 25 |
FORMALDEHYDE | 1198 | 50 |
2209 | ||
HYDROFLUORIC ACID SOLUTION (greater than 50%) | 1790 | 50 |
HYDROGEN | 1049 | 50 |
HYDROGEN CHLORIDE | ||
—Anhydrous | 1050 | 250 |
—Refrigerated Liquid | 2186 | 250 |
HYDROGEN CYANIDE | 1051 | 20 |
1614 | ||
HYDROGEN FLUORIDE | 1052 | 50 |
HYDROGEN SULFIDE | 1053 | 50 |
LP GASES | 1011 | 200 |
1012 | ||
1075 | ||
1077 | ||
1978 | ||
METHANE or NATURAL GAS | 1971 | 200 |
1972 | ||
METHYL BROMIDE | 1062 | 200 |
METHYL ISOCYANATE | 2480 | 0.15 |
OXIDES OF NITROGEN, including nitrous oxide, nitrogen dioxide and nitrogen trioxide | 1067 | 50 |
1070 | ||
1660 | ||
1975 | ||
2201 | ||
2421 | ||
OXYGEN | 1072 | 2000 |
1073 | ||
PHOSGENE | 1076 | 0.75 |
PROPYLENE OXIDE | 1280 | 50 |
PROPYLENEIMINE | 1921 | 200 |
SODIUM CHLORATE, solid | 1495 | 200 |
SULFUR DICHLORIDE | 1828 | 1 |
SULFUR DIOXIDE, LIQUEFIED | 1079 | 200 |
SULFURIC ANHYDRIDE (Alt: SULFUR TRIOXIDE) | 1829 | 75 |
TITANIUM TETRACHLORIDE | 1838 | 500 |
TOLUENE DIISOCYANATE | 2078 | 200 |
Notes to Table 1.
1
2
Material | Description | Threshold quantity (tonnes) |
Explosive materials | Explosives of Class 1.1A | 10 |
All other Explosives of Class 1.1 | 50 | |
Explosives of Class 1.2 | 200 | |
Explosives of Class 1.3 | 200 | |
Compressed and liquefied gases | Compressed or liquefied gases of Class 2.1 or Subsidiary Risk 2.1 | 200 |
Liquefied gases of Subsidiary Risk 5 | 200 | |
Compressed or liquefied gases that meet the criteria for Very Toxic in Table 4 to this Schedule | 20 | |
Compressed or liquefied gases that meet the criteria for Toxic in Table 4 to this Schedule | 200 | |
Flammable materials | Liquids that meet the criteria for Class 3 Packing Group I (Except for crude oil in remote locations) | 200 |
Crude oil in remote locations that meets the criteria for Class 3 Packing Group I | 2000 | |
Liquids that meet the criteria for Class 3 Packing Group II or III | 50,000 | |
Liquids with flashpoints <61°C kept above their boiling points at ambient conditions | 200 | |
Combustible solids that meet the criteria for Class 4.1 Packing Group I | 200 | |
Spontaneously combustible materials that meet the criteria for Class 4.2 Packing Group I or II | 200 | |
Materials which liberate flammable gases or react violently on contact with water and that meet the criteria for Class 4.3 Packing Group I or II | 200 | |
Materials which belong to Classes 3 or 8 Packing Group I or II which have Hazchem codes of 4WE (materials which react violently with water) | 500 | |
Oxidizing materials | Oxidizing materials identified in the ADG Code as being goods too dangerous to be transported | 50 |
Oxidizing materials that meet the criteria for Class 5.1 Packing Group I or II | 200 | |
Peroxides | Peroxides identified in the ADG Code as being goods too dangerous to be transported | 50 |
Organic Peroxides that meet the criteria for Class 5.2 | 200 | |
Toxic solids and liquids | Materials that meet the criteria for Very Toxic in Table 4 to this Schedule | 20 |
Materials that meet the criteria for Toxic in Table 4 to this Schedule | 200 |
Notes to Table 2.
1
2
3
4
5
6
Hazard Division | 1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6 |
1.1 | 1.1 | 1.1 | 1.1 | 1.1 | 1.1 | 1.1 |
1.2 | 1.1 | 1.2 | 1.1 | 1.2 | 1.1 | 1.2 |
1.3 | 1.1 | 1.1 | 1.3 | 1.3 | 1.1 | 1.1 |
1.4 | 1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6 |
1.5 | 1.1 | 1.1 | 1.1 | 1.5 | 1.5 | 1.5 |
1.6 | 1.1 | 1.2 | 1.1 | 1.6 | 1.5 | 1.6 |
Notes to Table 3.
1
2
Description | Oral toxicity1 LD50 (mg/kg) | Dermal toxicity2 LD50 (mg/kg) | Inhalation toxicity3 LC50 (mg/L) |
Very Toxic | LD50 ≤ 5 | LD50 ≤ 40 | LC50 ≤ 0.5 |
Toxic | 5 < LD50 ≤ 50 | 40 < LD50 ≤ 200 | 0.5 < LC50 ≤ 2 |
Key
1
2
3
Note to Table 4.
The criteria for toxicity are defined according to the Australian Code for the Transport of Dangerous Goods by Road and Rail and its appendices.Historical notes
| Am | amended | LW | legislation website | Sch | Schedule |
| Cl | clause | No | number | Schs | Schedules |
| Cll | clauses | p | page | Sec | section |
| Div | Division | pp | pages | Secs | sections |
| Divs | Divisions | Reg | Regulation | Subdiv | Subdivision |
| GG | Government Gazette | Regs | Regulations | Subdivs | Subdivisions |
| Ins | inserted | Rep | repealed | Subst | substituted |
Occupational Health and Safety Regulation 2001 published in Gazette No 129 of 24.8.2001, p 6197 and amended as follows:
Occupational Health and Safety Amendment (Shops) Regulation 2001 (GG No 132 of 31.8.2001, p 7089)
Occupational Health and Safety Amendment (Penalty Notices) Regulation 2002 (GG No 19 of 11.1.2002, p 90)
Occupational Health and Safety Amendment (Sentencing Guidelines) Regulation 2003 (GG No 54 of 28.2.2003, p 3542)
Occupational Health and Safety Amendment (Incident Notification) Regulation 2003 (GG No 128 of 22.8.2003, p 8026)
Statute Law (Miscellaneous Provisions) Act (No 2) 2003 No 82. Assented to 27.11.2003. Date of commencement of Sch 2.21, assent, sec 2 (2).
Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2003 (GG No 197 of 19.12.2003, p 11335)
Occupational Health and Safety Amendment (Chrysotile Asbestos) Regulation 2003 (GG No 197 of 19.12.2003, p 11338)
Electricity (Consumer Safety) Act 2004 No 4. Assented to 17.3.2004. Date of commencement of Sch 4.12, 3.2.2006, sec 2 (1) and GG No 16 of 3.2.2006, p 532.
Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004 (GG No 58 of 19.3.2004, p 1267)
Occupational Health and Safety Amendment (Mines) Regulation 2004 (GG No 83 of 14.5.2004, p 2801)
Occupational Health and Safety Amendment (Work Experience Accreditation) Regulation 2004 (GG No 91 of 28.5.2004, p 3247 (see also erratum published in GG No 94 of 4.6.2004, p 3399))
Statute Law (Miscellaneous Provisions) Act 2004 No 55. Assented to 6.7.2004. Date of commencement of Sch 2.25, assent, sec 2 (2).
Occupational Health and Safety Amendment (Electrical Work) Regulation 2004 (GG No 135 of 20.8.2004, p 6612)
Occupational Health and Safety Amendment (Transitional) Regulation 2004 (GG No 200 of 17.12.2004, p 9354)
Occupational Health and Safety Amendment (Self-Erecting Tower Cranes) Regulation 2005 (GG No 25 of 11.2.2005, p 337)
2005 | (205) | Occupational Health and Safety Amendment (Penalty Notices) Regulation 2005. GG No 65 of 3.6.2005, p 1919. |
(221) | Occupational Health and Safety Amendment (Long Distance Truck Driver Fatigue) Regulation 2005. GG No 70 of 10.6.2005, p 2265. | |
No 34 | Occupational Health and Safety Amendment (Workplace Deaths) Act 2005. Assented to 15.6.2005. | |
(531) | Occupational Health and Safety Amendment (Dangerous Goods) Regulation 2005. GG No 110 of 1.9.2005, p 6856. | |
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. | |
No 100 | Vocational Education and Training Act 2005. Assented to 28.11.2005. | |
2006 | (197) | Occupational Health and Safety Amendment (OHS Induction Training) Regulation 2006. GG No 54 of 13.4.2006, p 2331. |
(216) | Occupational Health and Safety Amendment (Electrical Equipment) Regulation 2006. GG No 58 of 28.4.2006, p 2429. | |
(272) | Occupational Health and Safety Amendment (Electrical Installations) Regulation 2006. GG No 72 of 2.6.2006, p 3749. | |
(520) | Occupational Health and Safety Amendment (Certificates of Competency) Regulation 2006. GG No 111 of 1.9.2006, p 7406. | |
(521) | Occupational Health and Safety Amendment (OHS Induction Training) Regulation 2006 (No 2). GG No 111 of 1.9.2006, p 7410. | |
(664) | Occupational Health and Safety Amendment (Licensing) Regulation 2006. GG No 135 of 10.11.2006, p 9506. | |
(793) | Occupational Health and Safety Amendment (Coal Workplaces) Regulation 2006. GG No 189 of 22.12.2006, p 11711. | |
2007 | (216) | Occupational Health and Safety Amendment (Licensed Asbestos Removal Work) Regulation 2007. GG No 70 of 25.5.2007, p 2956. |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. | |
(508) | Occupational Health and Safety Amendment (Administration in Relation to Mines and Coal Workplaces) Regulation 2007. GG No 146 of 12.10.2007, p 7739. | |
(528) | Occupational Health and Safety Amendment (Certificates of Competency) Regulation 2007. GG No 160 of 2.11.2007, p 8206. | |
2008 | (140) | Occupational Health and Safety Amendment (Licensing of Asbestos Removal and Demolition Work) Regulation 2008. GG No 56 of 23.5.2008, p 3955. |
(193) | Occupational Health and Safety Amendment (Application to Mining Workplaces and Coal Workplaces) Regulation 2008. GG No 72 of 20.6.2008, p 5386. | |
No 62 | Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008. | |
(271) | Occupational Health and Safety Amendment (Major Hazard Facilities) Regulation 2008. GG No 82 of 4.7.2008, p 6528. | |
(361) | Occupational Health and Safety Amendment (Clothing Factory Registration) Regulation 2008. GG No 100 of 22.8.2008, p 7800. | |
(389) | Occupational Health and Safety Further Amendment (Major Hazard Facilities) Regulation 2008. GG No 106 of 29.8.2008, p 8429. | |
2009 | (443) | Occupational Health and Safety Amendment (National Code of Practice and National Standard for Licensing) Regulation 2009. LW 28.8.2009. |
No 106 | Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009. |
Table of amendments
Cl 3 | Am 2005 (531), Sch 1 [1]–[3]; 2007 No 27, Sch 4.20; 2008 (193), Sch 1 [1]–[5]. |
Cl 4 | Am 19.12.2003; 14.5.2004; 2006 (793), Sch 1 [1]; 2008 (193), Sch 1 [6]–[8]. |
Chapter 2, note | Am 2008 (193), Sch 1 [9]. |
Cl 9 | Am 2005 (531), Sch 1 [4]; 2008 (193), Sch 2 [1]. |
Cl 10 | Am 2008 (193), Sch 2 [2]. |
Cl 11 | Am 2008 (193), Sch 2 [3]. |
Cl 15 | Am 2008 (193), Sch 1 [10]. |
Cl 18 | Am 2008 (193), Sch 1 [11]. |
Chapter 3, note | Am 2008 (193), Sch 1 [12] [13]. |
Cl 24 | Am 2008 (193), Sch 1 [14]. |
Cl 30 | Am 22.8.2003; 2008 (193), Sch 1 [15] [16]. |
Cl 31 | Am 2005 No 100, Sch 3.11 [1]; 2008 (193), Sch 1 [17]. |
Cl 32 | Am 2008 (193), Sch 2 [4]. |
Chapter 4, note | Am 2005 (221), Sch 1 [1] [2]. |
Cl 33 | Am 2004 No 4, Sch 4.12; 20.8.2004; 2008 (193), Schs 1 [18], 2 [5]. |
Cl 40 | Am 2008 No 62, Sch 2.36 [1] [2]. |
Cl 43 | Am 2008 (140), Sch 1 [1]. |
Cl 49A | Ins 2008 (193), Sch 1 [19]. |
Cl 51 | Am 19.12.2003. |
Cl 53 | Am 2008 (193), Sch 1 [20]. |
Cl 62 | Am 2008 (193), Sch 1 [21]. |
Cl 63 | Am 2008 (193), Sch 2 [8] [9]. |
Cl 64 | Am 2006 (216), Sch 1 [1] [2]. |
Cl 65 | Am 2006 (216), Sch 1 [3]; 2006 (272), cl 2. |
Cl 65A | Ins 2008 (193), Sch 1 [22]. |
Cl 66 | Am 2005 (531), Sch 1 [5]. |
Chapter 4, Part 4.5 (cll 81A–81F) | Ins 2005 (221), Sch 1 [3]. |
Cl 82 | Am 2005 (531), Sch 1 [6] [7]; 2007 No 27, Sch 1.31; 2008 (193), Sch 1 [23]–[28]. |
Cl 83 | Am 2005 (531), Sch 1 [8] [9]. |
Cl 84 | Am 2008 (193), Sch 1 [29] [30]. |
Cl 87 | Am 2005 (531), Sch 1 [10]. |
Cl 93 | Am 2008 (193), Sch 1 [31]. |
Cl 98 | Am 2008 (193), Schs 1 [32] [33], 2 [10]. |
Cl 101 | Am 2005 (531), Sch 1 [11]. |
Cl 103 | Am 2008 (193), Sch 1 [34] [35]. |
Cl 104 | Am 2008 (193), Sch 1 [36]. |
Cl 107 | Am 2008 (193), Sch 1 [37]–[42]. |
Cl 108 | Am 2008 (193), Sch 1 [43] [44]. |
Cl 109 | Am 2008 (193), Sch 1 [45]–[48]. |
Cl 110 | Am 2008 (193), Sch 1 [49]–[52]. |
Cl 112A | Ins 2008 (193), Sch 1 [53]. |
Cl 113 | Am 2008 (193), Sch 1 [54]–[58]. |
Cl 115 | Am 2008 (193), Sch 1 [59] [60]. |
Cl 116 | Am 2008 (193), Sch 1 [61]–[64]. |
Cl 117 | Am 2008 (193), Sch 1 [65] [66]. |
Cl 118 | Am 2008 (193), Sch 1 [67]–[75]. |
Cl 119A | Ins 2008 (193), Sch 1 [76]. |
Cl 120 | Am 2008 (193), Schs 1 [77]–[80], 2 [11]. |
Cl 125 | Am 2005 (531), Sch 1 [12]. |
Cl 127 | Am 2008 (193), Schs 1 [81]–[83], 2 [12]. |
Cl 130 | Am 2008 (193), Sch 1 [84]. |
Cl 131 | Am 2008 (193), Schs 1 [85], 2 [13]. |
Cl 132 | Am 2008 (193), Sch 2 [14]. |
Cl 133 | Am 2008 (193), Sch 2 [15]. |
Cl 134 | Am 2008 (193), Schs 1 [86], 2 [16] [17]. |
Cl 135 | Am 2008 (193), Sch 2 [18]. |
Cl 136 | Subst 2008 (193), Sch 1 [87]. |
Cl 136A | Ins 2008 (193), Sch 1 [87]. |
Cl 138 | Am 2008 (193), Sch 2 [19]. |
Cl 141 | Am 2008 (193), Sch 1 [88]. |
Cl 145 | Am 2005 (531), Sch 1 [13]. |
Cl 150 | Am 2005 (531), Sch 1 [14] [15]; 2005 No 98, Sch 2.44 [1] [2]. |
Cl 153 | Am 2008 (193), Sch 1 [89] [90]. |
Cl 155 | Am 2005 (531), Sch 1 [16]. |
Cl 158 | Am 19.12.2003. |
Cl 159 | Am 19.12.2003; 2008 (193), Sch 1 [91]. |
Cl 160 | Am 2008 (193), Sch 2 [20]. |
Cl 164 | Am 19.12.2003; 2008 (193), Sch 1 [92] [93]. |
Cl 165 | Am 2008 (193), Sch 2 [21]. |
Cl 166 | Am 2008 (193), Sch 1 [94] [95]. |
Cl 167 | Am 2005 (531), Sch 1 [17] [18]; 2008 (193), Sch 1 [96]. |
Cl 169 | Am 2008 (193), Sch 2 [22]. |
Cl 170 | Am 2008 (193), Sch 2 [23]. |
Cl 171 | Am 2008 (193), Sch 1 [97] [98]. |
Cl 172 | Am 2008 (193), Sch 1 [99]. |
Cl 174 | Am 2005 (531), Sch 1 [19]; 2008 (193), Sch 1 [100]. |
Chapter 6A, Part 6A.1 | Ins 2005 (531), Sch 1 [20]. |
Cll 174A–174D | Ins 2005 (531), Sch 1 [20]. |
Cl 174E | Ins 2005 (531), Sch 1 [20]. Am 2008 (193), Sch 1 [101]. |
Chapter 6A, Part 6A.2, Divs 1, 2 (cll 174F–174M) | Ins 2005 (531), Sch 1 [20]. |
Chapter 6A, Part 6A.3 | Ins 2005 (531), Sch 1 [20]. |
Chapter 6A, Part 6A.3, Divs 1, 2 (cll 174N–174Q) | Ins 2005 (531), Sch 1 [20]. |
Chapter 6A, Part 6A.3, Div 3 | Ins 2005 (531), Sch 1 [20]. |
Chapter 6A, Part 6A.3, Div 3, Subdivs 1–5 (cll 174R–174ZH) | Ins 2005 (531), Sch 1 [20]. |
Chapter 6A, Part 6A.3, Div 3, Subdiv 6 | Ins 2005 (531), Sch 1 [20]. |
Cll 174ZI–174ZK | Ins 2005 (531), Sch 1 [20]. |
Cl 174ZL | Ins 2005 (531), Sch 1 [20]. Am 2008 (193), Sch 1 [102]. |
Cl 174ZM | Ins 2005 (531), Sch 1 [20]. |
Chapter 6A, Part 6A.3, Div 3, Subdiv 7 | Ins 2005 (531), Sch 1 [20]. |
Cl 174ZN | Ins 2005 (531), Sch 1 [20]. Am 2005 No 98, Sch 2.44 [3] [4]. |
Chapter 6A, Part 6A.3, Div 3, Subdiv 8 | Ins 2005 (531), Sch 1 [20]. |
Cl 174ZO | Ins 2005 (531), Sch 1 [20]. Am 2008 (193), Sch 1 [103]. |
Cl 174ZP | Ins 2005 (531), Sch 1 [20]. Am 2008 (193), Sch 1 [104]. |
Cl 174ZQ | Ins 2005 (531), Sch 1 [20]. |
Cl 174ZR | Ins 2005 (531), Sch 1 [20]. Am 2008 (193), Sch 1 [105]–[108]. |
Chapter 6A, Part 6A.3, Div 3, Subdiv 9 | Ins 2005 (531), Sch 1 [20]. |
Cl 174ZS | Ins 2005 (531), Sch 1 [20]. Am 2008 (193), Sch 1 [109]. |
Chapter 6A, Part 6A.3, Div 3, Subdiv 10 (cll 174ZT, 174ZU) | Ins 2005 (531), Sch 1 [20]. |
Chapter 6A, Part 6A.4 | Ins 2005 (531), Sch 1 [20]. |
Cl 174ZV | Ins 2005 (531), Sch 1 [20]. |
Cl 174ZW | Ins 2005 (531), Sch 1 [20]. Am 2005 No 98, Sch 2.44 [5] [6]. |
Cl 174ZX | Ins 2005 (531), Sch 1 [20]. |
Chapter 6A, Part 6A.5 (cll 174ZY–174ZZE) | Ins 2005 (531), Sch 1 [20]. |
Chapter 6B, Part 6B.1 | Ins 2008 (271), Sch 1 [1]. |
Cl 175 | Ins 2008 (271), Sch 1 [1]. Am 2008 (389), Sch 1 [1] [2]. |
Cl 175A | Ins 2008 (271), Sch 1 [1]. Am 2008 (389), Sch 1 [3]. |
Cl 175B | Ins 2008 (271), Sch 1 [1]. |
Chapter 6B, Parts 6B.2–6B.8 (cll 175C–175ZF) | Ins 2008 (271), Sch 1 [1]. |
Cl 176 (previously cl 175) | Renumbered 2008 (271), Sch 1 [2]. |
Cl 176A (previously cl 176) | Renumbered 2008 (271), Sch 1 [2]. |
Cl 202 | Am 2008 (193), Sch 2 [24] [25]. |
Cl 205 | Am 20.8.2004. |
Cl 207 | Am 20.8.2004; 2008 (193), Sch 1 [110]. |
Cl 208 | Subst 20.8.2004. |
Cl 210 | Am 2008 (193), Sch 1 [111] [112]. |
Cl 212 | Am 19.3.2004; 2005 No 100, Sch 3.11 [2]; 2008 (193), Sch 2 [26]; 2009 (443), Sch 1 [1] [2]. |
Cl 212A | Ins 2008 (193), Sch 1 [113]. Am 2009 (443), Sch 1 [3] [4]. |
Cl 213 | Am 19.3.2004; 2006 (197), cl 2; 2006 (521), Sch 1 [1]; 2009 (443), Sch 1 [5] [6]. |
Cl 214 | Am 19.3.2004; 2006 (197), cl 2; 2006 (521), Sch 1 [2]; 2009 (443), Sch 1 [6] [7]. |
Cl 215A | Ins 19.3.2004. Am 2006 (197), cl 2; 2006 (521), Sch 1 [3]; 2009 (443), Sch 1 [6] [8]. |
Cl 216 | Am 2008 (193), Sch 2 [27]. Subst 2009 (443), Sch 1 [9]. |
Cl 217 | Am 19.3.2004; 28.5.2004; 2005 No 100, Sch 3.11 [3] [4]. Subst 2009 (443), Sch 1 [10]. |
Cl 217A | Ins 19.3.2004. Am 17.12.2004; 2008 (193), Sch 2 [28] [29]. Rep 2009 (443), Sch 1 [10]. |
Cl 218 | Am 28.5.2004; 2005 No 100, Sch 3.11 [3] [4]; 2008 (193), Sch 1 [114]. Subst 2009 (443), Sch 1 [10]. |
Cl 219 | Rep 2009 (443), Sch 1 [10]. |
Cl 220 | Am 19.3.2004; 2009 (443), Sch 1 [8] [11]. |
Cl 220A | Ins 19.3.2004. Subst 2009 (443), Sch 1 [12]. |
Cl 220B | Ins 19.3.2004. Am 2009 (443), Sch 1 [8] [11] [13]; 2009 No 106, Sch 2.25. |
Cl 220C | Ins 19.3.2004. Am 2009 (443), Sch 1 [8] [11] [14]. |
Cl 221 | Rep 19.3.2004. Ins 28.5.2004. Subst 2009 (443), Sch 1 [15]. |
Cl 222 | Am 19.3.2004. |
Cl 223 | Am 2009 (443), Sch 1 [16]. |
Cl 226 | Am 2008 (193), Sch 1 [115]. |
Cl 228 | Am 2005 (531), Sch 1 [21]. |
Cl 238 | Am 2008 (193), Sch 1 [116]. |
Cl 259 | Am 2008 (140), Sch 1 [2] [3]. |
Cl 261 | Am 2008 (140), Sch 1 [4]. |
Part 9.1A, Divs 1–7 (cll 264A–264ZB) | Ins 2009 (443), Sch 1 [17]. |
Part 9.1, heading | Subst 2009 (443), Sch 1 [18]. |
Cl 265 | Am 11.2.2005; 2005 No 100, Sch 3.11 [5]. Subst 2009 (443), Sch 1 [19]. |
Cl 266 | Am 11.2.2005; 2009 (443), Sch 1 [20] [21]. |
Cl 267 | Am 2008 (193), Sch 1 [117]; 2009 (443), Sch 1 [22] [23]. |
Cl 267A | Ins 2007 (528), Sch 1 [1]. |
Cl 269 | Am 2007 (528), Sch 1 [2]. |
Cl 277 | Am 2009 (443), Sch 1 [24] [25]. |
Cl 278 | Am 2009 (443), Sch 1 [25]. |
Cl 279 | Am 19.3.2004. Rep 2009 (443), Sch 1 [25]. |
Cl 281 | Am 19.3.2004. |
Cl 283A | Ins 2007 (528), Sch 1 [3]. |
Cl 284 | Am 19.12.2003; 2009 (443), Sch 1 [26]. |
Cl 286 | Am 19.12.2003. |
Cl 287 | Am 19.3.2004; 2009 (443), Sch 1 [27]. |
Cl 287A | Ins 19.3.2004. Am 2004 No 55, Sch 2.25 [1]. |
Cl 289 | Am 2006 (520), Sch 1 [1] [2]. |
Cl 290 | Am 2006 (520), Sch 1 [3]. |
Cl 291 | Am 2006 (520), Sch 1 [4]. Rep 2009 (443), Sch 1 [25]. |
Cl 292 | Subst 2009 (443), Sch 1 [28]. |
Cl 293 | Am 19.3.2004. Subst 2006 (520), Sch 1 [5]. Am 2007 (528), Sch 1 [4] [5]. Subst 2009 (443), Sch 1 [28]. |
Cl 293A | Ins 19.3.2004. Subst 2006 (520), Sch 1 [6]. |
Cl 296 | Am 19.12.2003; 19.3.2004; 2007 (528), Sch 1 [6]. |
Cl 299A | Ins 2008 (193), Sch 1 [118]. |
Cl 311 | Am 19.3.2004; 2008 (193), Sch 2 [30] [31]. |
Cl 311A | Ins 19.3.2004. |
Cl 317 | Am 2007 (216), Sch 1 [1] [2]; 2008 (193), Sch 1 [119] [120]. |
Cl 318 | Am 2008 (140), Sch 1 [5] [6]. |
Cl 319 | Subst 2008 (140), Sch 1 [7]. |
Cl 320 | Am 2006 (664), Sch 1 [1] [2]. |
Cl 321 | Am 2008 (140), Sch 1 [8]. |
Cl 322 | Am 2008 (140), Sch 1 [9]. |
Cl 323 | Subst 2008 (140), Sch 1 [10]. |
Cl 324 | Subst 2008 (140), Sch 1 [11]. |
Part 10.4 | Rep 2008 (193), Sch 2 [32]. |
Cl 330 | Am 2008 (140), Sch 1 [12]. Rep 2008 (193), Sch 2 [32]. |
Chapter 10A, Parts 10A.1–10A.4 (cll 330A–330I) | Ins 2008 (361), Sch 1. |
Cl 333 | Am 2008 (140), Sch 1 [13]. |
Cl 341 | Am 22.8.2003; 2005 (531), Sch 1 [22]; 2008 (193), Sch 1 [121]; 2008 (271), Sch 1 [3]. |
Cl 341A | Ins 22.8.2003. |
Cll 342, 343 | Am 22.8.2003. |
Part 12.2, heading | Am 22.8.2003. |
Cl 344 | Am 22.8.2003; 2008 (271), Sch 1 [4]. |
Cl 345 | Am 2008 (140), Sch 1 [14]; 2008 (193), Schs 1 [122], 2 [33]. |
Cl 346 | Am 2008 (193), Sch 1 [123]. |
Cl 347 | Am 2008 (193), Sch 1 [124]–[126]. |
Cl 348 | Am 2008 (193), Sch 1 [127]–[129]. |
Cl 349 | Am 2008 (193), Sch 1 [130]–[132]. |
Cl 350 | Rep 2008 (193), Sch 2 [34]. |
Part 12.5 | Subst 2008 (193), Sch 1 [133]. |
Cl 351 | Am 2008 (271), Sch 1 [5] [6]. Subst 2008 (193), Sch 1 [133]. Am 2008 (389), Sch 1 [4] [5]; 2009 (443), Sch 1 [29]–[31]. |
Cl 352 | Rep 2008 (193), Sch 2 [35]. |
Cl 355 | Rep 19.3.2004. |
Cl 356 | Am 19.3.2004; 2005 (531), Sch 1 [23]; 2008 (271), Sch 1 [7]. |
Cl 357 | Subst 14.5.2004. Am 2006 (793), Sch 1 [2] [3]. Subst 2008 (193), Sch 1 [134]. |
Cl 358 | Subst 14.5.2004. Am 2005 No 34, Sch 3; 2006 (793), Sch 1 [4] [5]; 2007 (508), Sch 1 [1] [2]; 2008 (193), Sch 1 [135]–[137]. |
Cl 358A | Ins 2006 (793), Sch 1 [6]. Am 2008 (193), Sch 1 [138]. |
Cl 359 | Am 31.8.2001; 2008 (193), Sch 2 [36]. |
Cl 360 | Am 2008 (271), Sch 1 [8]. |
Cl 361 | Ins 28.2.2003. |
Cl 362 | Ins 19.12.2003. |
Sch 1 | Am 2003 No 82, Sch 2.21; 2008 (193), Sch 1 [139]. |
Sch 2 | Am 11.1.2002; 22.8.2003; 19.3.2004; 2005 (205), Sch 1 [1] [2]; 2005 (531), Sch 1 [24]; 2008 (271), Sch 1 [9]. |
Sch 3 | Ins 19.12.2003. Am 2004 No 55, Sch 2.25 [2]; 2005 (531), Sch 1 [25]. |
Sch 4 | Ins 14.5.2004. Am 2005 (531), Sch 1 [26]. Subst 2006 (793), Sch 1 [7]. Rep 2008 (193), Sch 1 [140]. |
Sch 4A | Ins 2006 (793), Sch 1 [8]. Rep 2008 (193), Sch 1 [141]. |
Schs 5–7 | Ins 2005 (531), Sch 1 [27]. |
Sch 8 | Ins 2008 (271), Sch 1 [10]. |
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