Occupational Health and Safety Regulations 2017 (Vic)

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Version No. 016

Occupational Health and Safety Regulations 2017

S.R. No. 22/2017

Version incorporating amendments as at


26 November 2024

TABLE OF PROVISIONS

Regulation  Page

Chapter 1—Preliminary

Part 1.1—Introductory matters

1Objectives

2Authorising provisions

3Commencement

4Revocation of existing Regulations

5Definitions

6Determinations of Authority

6ADetermination of facilities by Authority

7Act compliance notes

8Independent contractors

9Health and safety representatives

10Designers, manufacturers and suppliers

11Duties of self-employed persons

12References to Parts

Part 1.2—Incorporated documents

13Documents incorporated as in force from time to time

14Publication date of amendments to certain incorporated documents

15Date of effect of amendments to incorporated documents

16Inconsistencies between provisions

Chapter 2—General duties and issue resolution

Part 2.1—General duties

18Proper installation, use and maintenance of risk control measures

19Medical examinations and health monitoring

20Reports of health monitoring to be kept confidential

21How to involve health and safety representatives in consultation

Part 2.2—Issue resolution procedures

22Application of Part

23Parties to the resolution of issues

24Procedure for reporting issues

25Procedure for resolving issues

Chapter 3—Physical hazards

Part 3.1—Hazardous manual handling

26Hazard identification

27Control of risk

28Review of risk control measures

Part 3.2—Noise

Division 1—Duties of designers, manufacturers and suppliers of plant

29Designers

30Manufacturers

31Suppliers

Division 2—Duties of employers

32Determination of exposure to noise

33Record of determinations

34Control of exposure to noise

35Hearing protector signs and labels

36Review of risk control measures

Division 3—Audiometric tests and audiological examinations

37Audiometric tests

38Audiological examinations

39Report of audiological examination

40Test results and examination reports

Part 3.3—Prevention of falls

Division 1—Introductory matters

41Application of Part

42Application to employers of emergency service employees

Division 2—Duties of employers

43Hazard identification

44Control of risk

45Use of ladder as a control measure

46Use of administrative control only

47Use of plant to control risk

48Review of risk control measures

49Emergency procedures

Part 3.4—Confined spaces

Division 1—Introductory matters

50Application to employers of emergency service employees

Division 2—Duties of designers, manufacturers and suppliers of plant

51Designers

52Manufacturers

53Suppliers

Division 3—Duties of employers and self-employed persons

54Application of Division

55Hazard identification

56Control of risk

57Isolation of plant and services

58Atmosphere

59Fire or explosion

60Flammable gases or vapours

61Signs

62Review of risk control measures

63Confined space entry permit

64Employer to keep entry permits

65Communication and initiation of emergency procedures

66Procedures to indicate entry into confined space

67Procedures to ensure exit from confined space

68Record of exit from confined space

69Emergency procedures

70Emergency procedures—personal protective equipment

71Emergency procedures—entry and exit for rescue

72Emergency procedures—maintenance of plant

73Information, instruction and training

Part 3.5—Plant

Division 1—Introductory matters

74Application of Part

75Hazard identification may be for classes of plant

Division 2—Duties of designers of plant

76Hazard identification

77Guarding

78Operator controls

79Emergency stop devices

80Warning devices

81Designer must give information to manufacturer

82Hazard identified in design during manufacture

83Records and information

84Record of standards or engineering principles used

Division 3—Duties of manufacturers of plant

85Control of risk

86Information must be given by a manufacturer

87Records and information

Division 4—Duties of suppliers of plant

Subdivision 1—General

88Application of Subdivision

89Information to be given—new plant

90Information to be given—used plant

91Information to be given—scrap material

92Roll-over protection on tractors

Subdivision 2—Supplier who hires or leases plant

93Inspection and maintenance

94Records

Subdivision 3—Agent who sells plant

95Information must be obtained and given by agent

Division 5—Duties of employers and self-employed persons who use plant

Subdivision 1—Application of Division

96Application of Division

Subdivision 2—Control of risk—generally

97Hazard identification

98Control of risk

99Specific risk control measures—Guarding

100Specific risk control measures—Guarding and insulation from heat and cold

101Specific risk control measures—Operator controls

102Specific risk control measures—Emergency stop devices

103Specific risk control measures—Warning devices

104Specific risk control measures—Installation, etc. of plant

105Use of plant

106Record of inspection and maintenance

107Plant not in use

Subdivision 3—Control of risk associated with specific plant

108Subdivision not to limit regulations 98 to 107

109Powered mobile plant

110Warning devices on powered mobile plant

111Roll-over protection on tractors

112Industrial lift trucks

113Warning devices on industrial lift trucks

114Electrical plant and electrical hazards

115Plant used to lift or suspend loads

116Lifts

117Notice of rated capacity of lift

118Scaffolds

119Tower cranes

120Employer or self-employed person to keep certain design information available

Subdivision 4—Other duties

121Review of risk control measures

122Information, instruction and training

123Information for persons involved in a plant activity

124Notice of prescribed incidents

Division 6—Registration of plant designs

125Plant designs to be registered

126Altered plant designs to be registered

127Recognition of interstate designs

Part 3.6—High risk work

Division 1—Requirement to be licensed

128Person must not perform high risk work without licence

129Employer must not allow unlicensed employee to perform high risk work

130Exceptions to regulations 128 and 129

131Recognition of interstate licences

Division 2—Training

132Trainee to be under direct supervision

133Person conducting training must ensure supervision

Division 3—Assessments of competency

134How to obtain an assessment of competency

135Method of assessment

136Assessment instruments

137Process for re-assessment

138Person may work while application for high risk work licence or renewal is being processed

Division 4—Authorisation of assessors

139Authorisation to carry out assessments of competency

Chapter 4—Hazardous substances and materials

Part 4.1—Hazardous substances

Division 1—Introductory matters

140Application of Part

Division 2—Duties of manufacturers and suppliers

Subdivision 1—Introductory matters

141Application of Division

142Certain regulations not to apply

Subdivision 2—Determination of hazardous substances

143Determination of hazardous substances

Subdivision 3—Safety data sheet

144Preparation of a safety data sheet

145What must a safety data sheet contain?

146Review and revision of safety data sheet

147Duty to provide current safety data sheet

148Duty to provide revised safety data sheet

Subdivision 4—Labels

149Manufacturers and importing suppliers must label containers

150Recognition of other labelling systems

151Supplier must ensure container is labelled

152Disclosure of chemical identity to registered medical practitioner

Division 3—Duties of employers and self-employed persons

Subdivision 1—Prohibited hazardous substances

153Prohibited hazardous substances

Subdivision 2—Duties of employers

154Application of Subdivision

155Safety data sheet to be obtained

156Safety data sheet must be readily accessible

157Information in safety data sheet must not be altered

158Containers must be labelled

159How long must a container be labelled?

160Identification of hazardous substances in plant

161Identification of containers of waste

162Register of hazardous substances

163Control of risk

164Review of risk control measures

165Exposure standard must not be exceeded

166Atmospheric monitoring

167Provision of results of atmospheric monitoring

168Records of atmospheric monitoring

169Health monitoring

170Copy of report to Authority

171Records of health monitoring

Part 4.2—Scheduled carcinogenic substances

172Application of Part

173Supply of scheduled carcinogenic substances

174Requirement to hold carcinogens licence

175Records

176Statement of work with scheduled carcinogenic substance

Part 4.3—Lead

Division 1—Introductory matters

177Application of Part

178What is a lead process?

179Women treated as being of reproductive capacity

180Authority may determine lead process

181Medical examinations and biological monitoring

Division 2—Duties of employers

Subdivision 1—Provision of information

182Information to job applicants

183Information to employees

Subdivision 2—Control of risks associated with lead processes

184Control of risk

185Review of risk control measures

186Lead exposure standard not to be exceeded

187Provision of results of monitoring

188Containment of lead

189Cleaning methods

190Prohibition on eating, drinking and smoking

191Provision of changing and washing facilities

192Laundering, disposal and removal of protective clothing

Subdivision 3—Lead-risk work

193What is lead-risk work?

194Identification of lead-risk work

195Notice and recording of lead-risk work

196Health monitoring before first starting lead-risk work

197Health monitoring for work subsequently identified as lead‑risk work

198Frequency of biological monitoring

199Removal from lead-risk work

200Medical examination if removed from lead-risk work

201Return after medical removal

202Requirements for medical examinations

203Information to go to Authority

204Records

Division 3—Employee duties

205Eating, drinking, smoking etc.

Part 4.4—Asbestos

Division 1—Introductory matters

206Application of Part

207Independent person

208Asbestos-contaminated dust

Division 2—General requirements

209Control risk of exposure—person who manages or controls workplace

210Control risk of exposure—employer or self‑employed person

211Determination of employee's exposure

212Results of atmospheric monitoring to be available

213Analysis by approved asbestos laboratory

Division 3—Prohibitions under the Occupational Health and Safety Act 2004

214Asbestos removal work

215Removal of contaminated protective clothing

216Use of certain tools or instruments

Division 4—Prohibitions under the Dangerous Goods Act 1985

Subdivision 1—Application of Division

217General exclusions

Subdivision 2—Prohibitions

218Manufacture of asbestos

219Supply of asbestos

220Storage of asbestos

221Transport of asbestos

222Sale of asbestos

223Use of asbestos

224Re-use, installation and replacement of asbestos

Division 5—Asbestos in workplaces

Subdivision 1—Application of Division

225Application of Division

Subdivision 2—Duties of persons who manage or control workplaces

226Identification of asbestos

227Asbestos register

228Asbestos register to be kept current

229Access to asbestos register

230Provision of register by person relinquishing management or control

231Control of risk

232Review of risk control measures

Subdivision 3—Duties of employers

233Identification of asbestos

234Information about risks to be given to person who manages or controls workplace

235Employer's asbestos register

236Employer's asbestos register to be kept current

237Access to employer's asbestos register

238Control of risk

239Review of risk control measures

Division 6—Demolition and refurbishment whereasbestos is present

240Application of Division

241Review of asbestos register

242Review of employer's asbestos register

243Copies of asbestos registers to be obtained

244Identification and removal of asbestos before demolition or refurbishment

245Determination of presence of asbestos

246Requirements for asbestos removal work

247Emergency procedures

248Notice to Authority

Division 7—Removal of asbestos

Subdivision 1—General

249Application of Division

Subdivision 2—Limited asbestos removal work

250Limited asbestos removal work

251Training record

252Self-employed persons performing limited asbestos removal work to have appropriate training

253Asbestos register must be obtained

254Protective clothing and protective equipment

255Signs and barricades

256Decontamination facilities and non-removal of personal protective clothing or equipment

257Decontamination of equipment

258Elimination of airborne asbestos fibres

259Waste containment

260Disposal of asbestos waste

261Laundering of clothing contaminated with asbestos

262Medical examinations

263Results of medical examinations

Subdivision 3—Class A and Class B asbestos removal work

264Class A asbestos removal work

265Class B asbestos removal work

266Appointment of asbestos removal supervisors

267Asbestos removal supervisor to be accessible

268Information to job applicants and independent contractors

269Persons performing asbestos removal work to be trained

270Training record

271Asbestos register to be obtained

272Asbestos control plan

273Asbestos control plan to be made available and accessible

274Elimination of airborne asbestos fibres

275Requirements in respect of airborne asbestos fibres

276Protective clothing and protective equipment for persons performing asbestos removal work

277Signs and barricades

278Decontamination facilities

279Waste containment

280Disposal of asbestos waste

281Laundering of clothing contaminated with asbestos

282Medical examinations

283Results of medical examinations

Subdivision 4—Additional duties—Class A asbestos removal work

284Application of Subdivision

285Asbestos removal supervisor to be on-site

286Specific measures to control risk

287Asbestos paraoccupational air monitoring requirements

288Results of asbestos paraoccupational air monitoring to be readily accessible

289Use of glove bags

290Requirements at the end of removal work

Subdivision 5—Duties of person who commissioned asbestos removal work

291Application of Subdivision

292Asbestos paraoccupational air monitoring

293Results of monitoring to be made available

294Requirements at end of removal work

295Results of inspection and monitoring to go to licence holder

296Independent person to have requisite knowledge, skills and experience

297Clearance certificates

Subdivision 6—Notice procedures

298Notice of asbestos removal work

299Notice in an unexpected situation

Subdivision 7—Duties to inform

300Information to be provided to those in area

301Information to be provided to persons occupying premises in immediate and adjacent areas

Division 8—Activities involving asbestos

302Application of Division

303Identification of asbestos-related activities

304Uncertainty as to presence of asbestos

305Asbestos register must be obtained

306Elimination of airborne asbestos fibres

307Specific measures to control risk

308Review of risk control measures

309Work area to be separate and signed

310Work area to be kept clean

311Medical examinations

312Results of atmospheric monitoring to be made available

313Results of medical examinations

314Decontamination facilities

315Waste containment

316Disposal of asbestos waste

317Laundering of clothing contaminated with asbestos

318Provision of information to job applicants

319Training record

Part 4.5—Crystalline silica

Division 1—Introductory matters

319AApplication of Part

319BWhat is a crystalline silica process?

319CWhat is high risk crystalline silica work?

319DWhat is a crystalline silica hazard control statement?

319EWhat is an engineered stone process?

Division 2—Duties of manufacturers and suppliers

319FApplication of Division

319GManufacturer or supplier to give information about crystalline silica substances

319HReview and revision of information

Division 3—Duties of employers and self-employed persons

Subdivision 1—High risk crystalline silica work

319IApplication of Subdivision

319JIdentification of high risk crystalline silica work

319KRecord of high risk crystalline silica work

319LCrystalline silica hazard control statement required for high risk crystalline silica work

319MCrystalline silica hazard control statement to be reviewed and revised

319NCopy of crystalline silica hazard control statement to be kept

319OAnalysis of material to be used in quarrying or tunnelling process

Subdivision 2—Provision of information for high risk crystalline silica work

319PApplication of Subdivision

319QInformation to job applicants

319RInformation, instruction and training for employees

Subdivision 3—Specific measures to control risks associated with engineered stone

319SSpecific risk control measures—use of power tool or mechanical plant

319TSpecific risk control measures—design and installation

319USpecific risk control measures—use and maintenance

319VSpecific risk control measures—respiratory protective equipment

319WSpecific risk control measures—information, instruction and training

319XSpecific risk control measures—cleaning

Division 4—Prohibition on work involving engineered stone benchtops, panels or slabs

319YProhibition on work involving engineered stone benchtops, panels or slabs

319ZExceptions for installation

319ZAExceptions for supply

319ZBExceptions for processing

Division 5—Transitional provisions—engineered stone licences

319ZCHealth monitoring to be conducted by specialist registered medical practitioner

319ZDProviding health monitoring reports to the Authority

319ZEStatement of work

Chapter 5—Hazardous industries

Part 5.1—Construction

Division 1—Introductory matters

320Application of Part

321What is construction work?

322What is high risk construction work?

323What is a structure?

324What is a safe work method statement?

Division 2—Control of risk

Subdivision 1—Duties of employers and self-employed persons

325Control of risk

326Review of risk control measures

327Safe work method statement required for high risk construction work

328Safe work method statement to be reviewed and revised

329Copy of safe work method statement to be kept

330Site-specific training

331Emergency procedures

Subdivision 2—Duties of principal contractors

332Application of Subdivision

333Who is the principal contractor for a construction project?

334Signage of principal contractor

335Health and safety co-ordination plans

336Content of health and safety co-ordination plans

337Health and safety co-ordination plan available for inspection

Division 3—Construction induction training

338Application of Division

339Construction induction training to be provided

340Requirement to hold a current construction induction card

341Employer must not allow a person to perform construction work unless the person holds a current construction induction card

342Exemptions

343Offence to refuse to accept a current construction induction card

344Application for construction induction card

345Authority may refuse to recognise or accept a construction statement of attainment obtained by fraud

346Construction induction card

347Construction induction card to be of unlimited duration

348Destruction, loss and replacement of construction induction cards

349Lapse of construction induction cards

350Authority may cancel construction induction card based on false or misleading information

351Authority may cancel construction induction card on request

352Construction induction card to be kept available

353Changes to information provided

Division 4—Notice of construction excavation work

354Application of Division

355Requirement to notify intention to perform construction excavation work

Part 5.2—Major hazard facilities

Division 1—Introductory matters

356Application of Part

357Schedule 14 materials

Division 2—Requirement to be licensed or registered

358Only licensed or registered major hazard facility to be operated

Division 3—Authority may require information

359Authority may require information

Division 4—Determination of major hazard facility

360Operators of certain facilities to notify Authority

361Changes to information provided

362Inquiry before making determination

363Authority may determine facility to be a major hazard facility—notice

364Authority may determine facility to be a major hazard facility—own initiative

365Written notice of determination

366Effect of determination

Division 5—Duties of operator of a registered major hazard facility

367Outline of safety case

Division 6—Safety duties of operators

368Identification of major incidents and major incident hazards

369Safety assessment

370Operator to keep safety assessment available

371Control of risk

372Safety management system

373Operator to keep safety management system available

374Review of safety management system

375Emergency plan

376Emergency plan to be kept and sent to emergency services and municipal councils

377Emergency plan must be tested

378Emergency plan to be put into action if a major incident occurs

379Review by operator

380Safety role for employees

Division 7—Controls under Dangerous Goods Act 1985—Protection of property

381Risk control measures

382Property protection assessment

383Review of property protection assessment

Division 8—Safety case

384Operator to provide safety case

385Content of safety case

386Co-ordination of safety cases

387Review of safety case

Division 9—Consulting, informing, instructing and training

388Consultation with employees and health and safety representatives

389Information, instruction and training

390Record of training

391Further information and access to documents

392Response to employee alert at major hazard facility

393Information and instruction to non-employees at the facility

394Information to local community

395Content of information

396Consultation with municipal councils

397Further information on request

Division 10—Duties of employees

398General requirements

Part 5.3—Mines

Division 1—Introductory matters

399What is a mine?

400What is a mining hazard?

401What is a prescribed mine?

402Inquiry before making determination

403Authority may determine that a mine is a prescribed mine

Division 2—Safety duties of mine operators

Subdivision 1—Risk control in all mines

404Identification of mining hazards and assessment of risk

405Control of risk

406Review by operator of a mine

Subdivision 2—Specific safety duties in all mines

407Application of this Subdivision

408Who may enter mine

409Alcohol and drugs

410Employee fatigue

411Health monitoring

412Report of health monitoring

413Notice to Authority

414Report provided on person ceasing work at mine

415Communication in the event of an employee working alone

416Communication in respect of shift change-over

Subdivision 3—Additional duties in prescribed mines

417Application of this Subdivision

418Safety management system

419Operator to keep safety management system available

420Review of safety management system

421Safety assessment of major mining hazards

422Operator to keep safety assessment available

423Testing risk control measures for major mining hazards

423AOperators of prescribed mines to notify Authority

423BChanges to information provided—prescribed mines

424Safety role for employees

425Shafts and winding

426Progress of mine workings

427Emergency exit

428Filling

429Working environment

430Ventilation system

431Record of monitoring and testing

432Prohibitions

433Emergency plan

434Emergency plan to be kept and sent to emergency services and municipal councils

435Emergency plan must be tested

436Self-rescue

437Plan of mine

438Plan of mine to be available for inspection

Division 3—Consultation and information

439Consultation with employees and health and safety representatives

440Information about adoption of risk control measure

441Information, instruction and training

442Record of training

443Further information and availability of documents in respect of prescribed mines

444Response to employee alert at prescribed mine

445Information and instruction to non-employees

446Information to job applicants

Division 4—Duties of employees

447General requirements

448Major mining hazards in prescribed mines

Chapter 6—Licensing and registration

Part 6.1—Licences

Division 1—Applications

Subdivision 1—General provisions

449Matters to be included in licence application

450Application fees—high risk work licences

451Application fees—asbestos removal licences

452Matters to be satisfied before licence can be granted

453Time for processing licence application

454Authority may request additional information

455Procedure if the Authority proposes to refuse to grant licence

456Form of evidence of licence document

457When licence starts and ends

Subdivision 2—Additional provisions in relation to a high risk work licence

458Additional information to be included in high risk work licence application

459Additional matters to be satisfied before high risk work licence can be granted

Subdivision 3—Additional provisions in relation to an asbestos removal licence

460Restriction on who may apply for asbestos removal licence

461Scope of licence

462Additional information to be included in asbestos removal licence application

463Additional matters to be satisfied before asbestos removal licence can be granted

Subdivision 4—Additional provisions in relation to a carcinogens licence

464Restriction on who may apply for carcinogens licence

465Additional information to be included in carcinogens licence application

466Fee to be paid before a carcinogens licence can be granted

Subdivision 5—Additional provisions in relation to a major hazard facility licence

467Restriction on who may apply for major hazard facility licence

468Time limit for applications in relation to a registered major hazard facility

469Additional information to be included in major hazard facility licence application

470Additional matters to be satisfied before major hazard facility licence can be granted

471Additional time limits for notifying applicants

472Fee to be paid before major hazard facility licence can be granted

Division 2—Other provisions concerning a licence

Subdivision 1—General

473Authority may impose terms and conditions on licence

474Licence holder must comply with terms and conditions

475Changes to information given in relation to a licence

476Licence holder to keep evidence of licence available

477Replacement of lost, stolen or destroyed licence documents

478Nomination of additional asbestos removal supervisors

Subdivision 2—Additional provisions in relation to a major hazard facility licence

479Transfer of a major hazard facility licence

480Notice of major hazard facility licence details in the Government Gazette

481Additional requirements concerning availability of copy of major hazard facility licence

Division 3—Amendment of licence

482Authority may amend licence unilaterally

483Authority may amend licence at the request of the licence holder

484Evidence of licence document to be returned on request if licence amended

Division 4—Renewal of licence

485Application for the renewal of licence (except a high risk work licence)

486Notice of intention to renew or refuse to renew a licence (except a high risk work licence)

487Procedure if the Authority proposes to refuse to renew licence (except a high risk work licence)

488Additional time limits for notifying applicants

489Time in which licence continues to have effect

490Application for the renewal of high risk work licence

491Combining interstate and Victorian high risk work licences on renewal

492Renewal fees for certain licences

493Fee to be paid before carcinogens licence can be renewed

494Additional information required for the renewal of major hazard facility licence

495Fee to be paid before major hazard facility licence can be renewed

Division 5—Suspension and cancellation of a licence

496Grounds for suspension or cancellation

497Matters that may be taken into account

498Automatic suspension or cancellation of a high risk work licence

499Process for suspending or cancelling a licence in all other cases

500Extension of date of suspension or cancellation if review sought

501Partial suspension or cancellation of high risk work licence

502Flow on suspension or cancellation of some classes of high risk work licence

503Authority may grant alternative asbestos removal licence

504Inquiry into an interstate high risk work licence

505Request to suspend or cancel licence

506Evidence of licence document of suspended or cancelled licence must be surrendered on demand

Part 6.2—Registration

Division 1—Application of Part

507Application of this Part

Division 2—Registration of plant designs

508Application for registration of plant design

509Information to be included in application for registration of plant design

510Duties of various persons associated with design verification

511Authority to notify applicant of deferral

512Notice of registration

513Registration to be of unlimited duration

Division 3—Registration of a major hazard facility

514Eligibility to apply for registration to operate a major hazard facility

515Registration of a major hazard facility

516Notice of registration

517Registration expiry date

518Variation of registration expiry date

519Expiry of registration

Division 4—Withdrawal of registration

520Authority may withdraw registration based on false, misleading or incomplete information

521Authority may withdraw registration on request

Division 5—General

522Evidence of registration to be kept available

523Changes to registration information provided

Part 6.3—Review of decisions

524What is a reviewable decision?

525What is a process review?

526Who may apply for a process review

527Time limits when applying for a process review

528Review by the Authority

529Process for new decisions to be started within 7 days

530Right of Tribunal review

531Notices of decisions must contain a copy of review rights

Chapter 7—Administrative matters and exemptions

Part 7.1—Administrative matters

Division 1—Applications and notices

532Form and information to be supplied

533Return of incomplete applications or notices

Division 2—Notices

534Means of giving written notice

Division 3—Submissions

535Form of submissions to the Authority

Division 4—Entry permits for authorised representatives

536Information to be included in entry permits

Part 7.2—Exemptions

537Authority may grant exemptions from these Regulations

538Exemptions in relation to high risk work

539Who may apply for an exemption

540Consultation

541Applications

542Grounds on which an exemption (other than in relation to high risk work) may be granted

543Grounds on which an exemption in relation to high risk work may be granted

544Conditions

545Form and contents of exemptions

546Notice of exemptions to be given to individual applicants

547Notice of exemptions to be published

548Additional obligation on the operator of a mine

549Notice of refusal

550Variation or revocation of exemption

551Exemptions, revocations and variations not to have retrospective effect

552Terms and conditions to be made available

553Fee for considering exemption application

Chapter 7A—Workplace Incidents Consultative Committee

553AObjective of this Chapter

553BDefinitions

553CMembership of the Committee

553DAppointment of members who are affected persons

553ETerms of appointment and reappointment of members who are affected persons

553FAppointment of government co‑chairperson

553GProvision of expert and technical advice

553HVacancies in Committee membership

553ICircumstances for acting non-government co-chairperson

553JAppointment of acting government co‑chairperson

553KMeetings of the Committee

553LCommittee support

553MDuty to declare conflict of interest

553NConfidentiality

553OReview of this Chapter's operation

Chapter 7B—Enforcement

553PInfringement offences and infringement penalties

Chapter 8—Saving and transitional provisions

Part 8.1—General transitional provisions

554Commencement day

555General transitional provisions

556Former Regulations

557Licence classes for pressure equipment operation

558Construction

559Major hazard facilities—12 months transition period

560Major hazard facilities—Other transition periods

560AGHS—24 months transition period

Schedule 1—Revocation of Regulations

Schedule 2—Plant requiring registration of design

Schedule 3—High risk work licence classes

Schedule 4—Pressure equipment for which high risk work licence is not required

Schedule 5—High risk work—competency requirements

Schedule 6—Hazardous substances prohibited for specified uses

Schedule 7—Classification of mixtures

Schedule 8—Disclosure of ingredients in safety data sheets

Schedule 9—Hazardous substances—requirements for health monitoring

Schedule 10—Prohibited carcinogenic substances

Schedule 11—Restricted carcinogenic substances

Schedule 12—Information required to be included in an asbestos control plan

Schedule 13—Information required to be included in a notice of asbestos removal work

Schedule 14—Materials and their threshold quantities

Schedule 15—Additional matters to be included in major hazard facility safety management system

Schedule 16—Matters to be included in major hazard facility emergency plan

Schedule 17—Additional matters to be included in major hazard facility safety case

Schedule 18—Information to be included in a notice under regulations 360 and 423A or an application for registration under regulation 514

Schedule 19—Entry permit statement

Schedule 20—Infringement offences and infringement penalties

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 016

Occupational Health and Safety Regulations 2017

S.R. No. 22/2017

Version incorporating amendments as at


26 November 2024

CHAPTER 1—PRELIMINARY

PART 1.1—INTRODUCTORY MATTERS

1Objectives

The objectives of these Regulations are—

(a)to further the objects of the Occupational Health and Safety Act 2004 by—

(i)providing for health and safety in relation to workplaces and hazards, activities and things at workplaces; and

(ii)providing for the management of asbestos-containing materials in workplaces, the removal of asbestos, and the licensing of asbestos removalists; and

(iii)providing for the safe operation of major hazard facilities and mines in order to reduce the likelihood of a serious incident occurring; and

(iv)specifying training requirements for certain persons engaged in construction work at workplaces; and

(v)providing for the licensing of certain persons engaged in high risk work at workplaces; and

(vi)providing procedures for the resolution of health and safety issues at workplaces; and

(vii)specifying the information to be included in entry permits issued under Part 8 of the Act; and

(viii)providing for other matters that are required or permitted by the Act or that are necessary to give effect to the Act; and

(b)to further the objects of the Dangerous Goods Act 1985 by—

(i)prohibiting the use of asbestos; and

(ii)providing for the protection of property from damage from the use of dangerous goods at major hazard facilities.

2Authorising provisions

(1)This Chapter, Division 1 of Part 4.4, Division 1 of Part 5.2 and Chapter 7 are made under section 158 of the Occupational Health and Safety Act 2004 and section 52 of the DangerousGoods Act 1985.

(2)The remaining provisions of these Regulations (except Division 4 of Part 4.4 and Division 7 of Part 5.2 and Chapter 9) are made under section 158 of the Occupational Health and Safety Act 2004.

(3)Division 4 of Part 4.4, Division 7 of Part 5.2 and Chapter 9 are made under section 52 of the Dangerous Goods Act 1985.

3Commencement

(1)These Regulations (except regulation 376(c), clause 19 of Schedule 3, clause 1.6(g) of Schedule 16 and clause 10(b) of Schedule 17) come into operation on 18 June 2017.

(2)Regulation 376(c), clause 19 of Schedule 3, clause 1.6(g) of Schedule 16 and clause 10(b) of Schedule 17 come into operation on 18 June 2018.

4Revocation of existing Regulations

The Regulations set out in Schedule 1 are revoked.

5Definitions

In these Regulations—

A-weighted means a measure using a filter designed to reflect the response of the human ear at low sound pressure levels;

Act compliance provision means a provision of a kind referred to in regulation 7;

ADG Code has the same meaning as in the Dangerous Goods Act 1985;

administrative control means a system of work or a work procedure that is designed to eliminate or reduce a risk, but does not include—

(a)a physical control; or

(b)the use of personal protective equipment;

air-supplied respiratory protective equipment means a device that supplies air to the wearer from a source other than the ambient atmosphere;

alter, in relation to plant, means to change the design of, add to, or take away from the plant in a way that may affect health or safety, but does not include routine maintenance, repairs or replacements;

AMBSC Code means Australian Miniature Boiler Safety Committee Code Parts 1, 2, 3 and 4 published by the Australian Miniature Boiler Safety Committee;

Ambulance Service—Victoria has the same meaning as in the Ambulance Services Act 1986;

amusement structure means powered equipment operated for hire or reward that provides entertainment or amusement through movement of the equipment, or part of the equipment, or when passengers travel on, around or along the equipment;

approved asbestos laboratory means a laboratory approved—

(a)by NATA to perform asbestos fibre counting or to identify asbestos in samples; or

(b)by a scheme determined by the Authority under regulation 6;

AS 2030—Gas Cylinders means—

(a)AS 2030.1 Gas cylinders, Part 1: General requirements; and

(b)AS 2030.2 The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 2: Cylinders for dissolved acetylene; and

(c)AS 2030.4 The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 4: Welded cylinders—Insulated; and

(d)AS 2030.5 Gas cylinders, Part 5: Filling, inspection and testing of refillable cylinders;

AS 2593 means Australian Standard AS 2593—Boilers - Safety management and supervision systems, sections 1, 2 and 3;

asbestos means—

(a)the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals, including—

(i)actinolite asbestos; and

(ii)anthophyllite asbestos; and

(iii)chrysotile ("white asbestos"); and

(iv)crocidolite ("blue asbestos"); and

(v)grunerite asbestos (or amosite) ("brown asbestos"); and

(vi)tremolite asbestos; or

(b)any material or object, whether natural or manufactured, that contains one or more of the mineral silicates referred to in paragraph (a);

Notes

1     The mineral silicates set out in paragraph (a)(i), (ii), (v) and (vi) use the same name for both the asbestiform and non-asbestiform varieties. The word "asbestos" has been included here to emphasise that only the asbestiform habit of these minerals is regulated as asbestos by these Regulations.

2      A substance that contains both non-asbestiform mineral silicates and a hazardous substance


is a hazardous substance to which Part 4.1 (Hazardous substances) applies.

asbestos-containing material means any manufactured material or object that, as part of its design, contains one or more of the mineral silicates referred to in paragraph (a) of the definition of asbestos (other than plant in which asbestos is fixed or installed);

asbestos-contaminated dust means dust that is, or is assumed under Part 4.4 (Asbestos) to be, contaminated with asbestos;

asbestos exposure standard means 0·1 f/ml of air measured in a person's breathing zone and expressed as a time weighted average fibre concentration of asbestos calculated over an 8 hour working day and measured over a minimum period of 4 hours in accordance with—

(a)the Membrane Filter Method; or

(b)a method determined by the Authority under regulation 6;

asbestos occupational health and safety management system means an occupational health and safety management system that is—

(a)related to asbestos removal work; and

(b)accredited or approved by JAS-ANZ or determined by the Authority under regulation 6;

asbestos paraoccupational air monitoring means a procedure by which air is sampled to estimate the airborne asbestos fibre concentration in the occupational environment, taken at fixed locations, usually between 1 and 2 metres above floor level, in accordance with—

(a)the Membrane Filter Method; or

(b)a method determined by the Authority under regulation 6;

asbestos register means the asbestos register kept under regulation 227 as revised in accordance with Part 4.4 (Asbestos);

asbestos-related activities has the meaning given by regulation 302;

asbestos removal licence means—

(a)a Class A asbestos removal licence; or

(b)a Class B asbestos removal licence;

asbestos removal licence holder means an employer or self-employed person who is the holder of an asbestos removal licence issued under Part 6.1 (Licences);

asbestos removal supervisor means a person who is appointed by an asbestos removal licence holder to oversee asbestos removal work in accordance with regulation 266;

asbestos removal work, means the removal of asbestos that is present at a workplace, building, structure, ship or plant so that the asbestos is no longer present in that workplace, building, structure, ship or plant, up to the point of containment;

asbestos waste means asbestos removed and disposable items used during asbestos removal work or asbestos-related activities, including plastic sheeting and disposable personal protective clothing and disposable protective equipment including tools;

assessment of competency means an assessment under Division 3 of Part 3.6 (High risk work);

atmospheric monitoring means a procedure by which air is sampled within the breathing zone of a person to measure and evaluate the person's exposure to airborne contaminants;

audiological examination means the testing and examination of a person's ear, and hearing threshold, for the purpose of establishing the type and cause of any hearing disorder;

audiometric test means the measurement of a person's air conduction hearing threshold levels by means of an electro-acoustic instrument (audiometer), equipped with earphones, that provides pure tones of specified discrete frequencies at known hearing levels;

Australian Qualifications Framework has the same meaning as AQF has in the Education and Training Reform Act 2006;

authorised assessor means a person who is authorised by the Authority under regulation 139 to carry out assessments of competency in relation to one or more classes of high risk work;

biological monitoring means the measurement and evaluation of a substance, or its metabolites, in the body tissue, fluids or exhaled air of a person exposed to the substance;

blood lead level means the concentration of lead in whole blood expressed in micromoles per litre (µmol/L) or micrograms per decilitre (µg/dL);

boiler means—

(a)in Part 3.6 (High risk work) and Schedules 3 and 4—

(i)a vessel, or an arrangement of vessels, and interconnecting parts in which steam or other vapour is generated, or water or another liquid is heated at a pressure above that of the atmosphere by the application of fire, the products of combustion or similar means (other than electrical power); and

(ii)the following equipment if directly associated with those vessels—

(A)pre-heaters, re-heaters, superheaters and economisers;

(B)boiler piping, boiler setting, supports, mountings, valves, gauges, fittings and controls up to, and including, the first connection point after the first valve or valve assembly;

but does not include—

(iii)a fully flooded or pressurised system in which water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid; or

(iv)any vessel if the design of the vessel enables it to operate deprived of all liquid or vapour that is intended to be heated, without affecting the structure or operation of the vessel; or

(v)a direct-fired process heater; and

(b)in any other case, a boiler within the meaning of AS/NZS 1200 Pressure equipment with a hazard level A, B, C or D as determined by AS 4343 Pressure equipment—Hazard levels;

boom-type elevating work platform means a powered telescoping device (including vertical and inclined), hinged device or articulated device or any combination of those devices used to support a platform on which persons, equipment and materials may be elevated to perform work, but does not include an industrial lift truck;

breathing zone means a hemisphere of 300 millimetres radius extending in front of a person's face measured from the mid‑point of an imaginary straight line joining the ears;

bridge crane means a crane that—

(a)consists of one or more bridge beams mounted at each end to an end carriage; and

(b)is capable of travelling along elevated runways; and

(c)has one or more hoisting mechanisms that are able to travel across the bridge beam or beams;

building maintenance equipment means a suspended platform, including a building maintenance unit or a swing stage, that incorporates permanently installed overhead supports to provide access to the faces of a building for maintenance, but does not include a suspended scaffold;

building maintenance unit means a powered appliance with a suspended platform, permanently installed or intended to be permanently installed on a building and specifically designed to provide access to the faces of the building for a person working from the platform;

carcinogens licence means—

(a)a licence to use a Schedule 10 carcinogenic substance at a laboratory; or

(b)a licence to use a Schedule 11 carcinogenic substance at a laboratory; or

(c)a licence to use a Schedule 11 carcinogenic substance at a workplace other than a laboratory;

CAS number means the unique identifier allocated to a particular chemical substance by the Chemical Abstracts Service;

chairliftmeans an aerial powered ropeway that incorporates either elevated open chairs or closed cabins (gondola-type);

Chemical Abstracts Service (or CAS) is a division of the American Chemical Society;

chemical identity means a name that gives a chemical a unique chemical identity and that—

(a)accords with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service; or

(b)is a name that is—

(i)ordinarily used to identify the chemical; and

(ii)recognised by the scientific community;

Class, in Schedule 14, has the same meaning as in the ADG Code;

Class A asbestos removal licence means a licence granted under Part 6.1 (Licences) that permits the holder to perform asbestos removal work in accordance with regulations 264 and 265;

Class A asbestos removal work, means asbestos removal work (other than limited asbestos removal work) involving the removal of—

(a)friable asbestos; or

(b)asbestos-contaminated dust (other than asbestos-contaminated dust associated with or derived from the removal of non-friable asbestos);

Class B asbestos removal licence means a licence granted under Part 6.1 (Licences) that permits the holder to perform asbestos removal work in accordance with regulation 265;

Class B asbestos removal work, means asbestos removal work (other than limited asbestos removal work) involving the removal of—

(a)non-friable asbestos; or

(b)asbestos-contaminated dust associated with or derived from the removal of non-friable asbestos;

Classification Code has the same meaning as in the ADG Code;

competency standard means the standard set under the unit of competency for the specified VET course for a licence to perform a class of high risk work;

concrete-placing boom means powered mobile truck-mounted plant incorporating a knuckle boom that is capable of power-operated slewing and luffing to place concrete by way of pumping concrete through a pipeline attached to, or forming part of, the boom of the plant;

confined space means a space in any vat, tank, pit, pipe, duct, flue, oven, chimney, silo, reaction vessel, container, receptacle, underground sewer or well, or any shaft, trench or tunnel or other similar enclosed or partially enclosed structure, if the space—

(a)is, or is intended to be, or is likely to be, entered by any person; and

(b)has a limited or restricted means for entry or exit that makes it physically difficult for a person to enter or exit the space; and

(c)is, or is intended to be, at normal atmospheric pressure while any person is in the space; and

(d)contains, or is intended to contain, or is likely to contain—

(i)an atmosphere that has a harmful level of any contaminant; or

(ii)an atmosphere that does not have a safe oxygen level; or

(iii)any stored substance, except liquids, that could cause engulfment—

but does not include a shaft, trench or tunnel that is a mine or is part of the workings of a mine;

confined space entry permit means a confined space entry permit issued by an employer in accordance with regulation 63;

construction excavation, in Part 5.1 (Construction), means the following—

(a)a trench if the excavated depth is more than 1×5 metres;

(b)a shaft if the excavated depth is more than 2 metres;

(c)a tunnel;

construction induction card means a construction induction card issued by the Authority under regulation 346;

construction induction training means a unit of competency of general occupational health and safety induction training to the construction industry endorsed or accredited under the Australian Qualifications Framework;

Construction Industry Basic Induction training course means the Construction Industry Basic Induction training course conducted under the auspices of the tripartite industry forum, Foundations for Safety Construction Industry Training Agreement commencing 1 February 2001;

construction project means a project involving construction work and includes preparation and planning of the proposed construction work;

construction RTO means an RTO whose registration allows delivery of—

(a)construction induction training; or

(b)the Construction Industry Basic Induction training course;

construction statement of attainment means a certification issued by a construction RTO stating that the person to whom it is issued has completed—

(a)construction induction training; or

(b)the Construction Industry Basic Induction training course—

but does not include a certification issued by a construction RTO, or an RTO in a class of construction RTOs, determined by the Authority under regulation 6, if the certification is issued after the determination takes effect;

construction work has the meaning given by regulation 321;

consumer package means a package that is intended for retail display and sale;

container, in Part 4.1 (Hazardous substances), means anything in or by which a hazardous substance is or has been wholly or partly encased, covered, enclosed, contained or packed (whether empty, partially full or full), but does not include the fuel tank of a vehicle;

contaminant means any substance that may be harmful to health or safety;

conveyor means equipment (including the superstructure, gear and auxiliary equipment used in connection with the equipment) by which loads are, or are capable of being, raised, lowered, transported or continuously driven, by—

(a)an endless belt, rope or chain or other similar means; or

(b)buckets, trays or other containers or fittings moved by an endless belt, rope, chain or similar means; or

(c)a rotating screw; or

(d)a vibration or walking beam; or

(e)a powered roller conveyor if the rollers are driven by an endless belt, rope or chain or other similar means;

Country Fire Authority has the same meaning as Authority has in the Country Fire Authority Act 1958;

crane means an appliance intended for raising or lowering a load and moving it horizontally (including the supporting structure of the appliance and its foundations), but does not include any of the following—

(a)an industrial lift-truck;

(b)earthmoving machinery;

(c)an amusement structure;

(d)a tractor;

(e)an industrial robot;

(f)a conveyor;

(g)building maintenance equipment;

(h)a suspended scaffold;

(i)a lift;

crystalline silica means crystalline polymorphs of silica, including the following substances—

(a)quartz;

(b)cristobalite;

(c)tridymite;

(d)tripoli;

crystalline silica hazard control statement has the meaning given by regulation 319D;

crystalline silica process has the meaning given by regulation 319B;

crystalline silica substance means any substance that—

(a)contains more than 1% crystalline silica; and

(b)is reasonably likely to be mechanically processed at a workplace; and

(c)is not in a respirable form;

current safety data sheet, in relation to a hazardous substance, means—

(a)the safety data sheet prepared for the substance by the manufacturer or importing supplier of the substance under regulation 144(1) or equivalent legislation; or

(b)if the safety data sheet referred to in paragraph (a) has been revised by the manufacturer or importing supplier of the substance, the safety data sheet as revised;

C-weighted means a measure using a filter designed to reflect the response of the human ear at high sound pressure levels;

dangerous goods means dangerous goods within the meaning of the Dangerous Goods Act 1985;

decommissioning, in relation to plant, includes performing necessary adjustments, tests and inspections before the plant ceases operation and during the process of ceasing operation;

demolition, in Part 5.1 (Construction), means the complete or partial dismantling of a building or structure by planned and controlled methods or procedures;

derrick crane means a powered slewing strut‑boom crane with its boom pivoted at the base of a mast and—

(a)the mast is either guyed (guyed-derrick) or held by backstays (stiff-legged derrick); and

(b)the boom is capable of luffing under load;

direct-fired process heater means an arrangement of tubes comprising one or more coils located in the radiant zone or convection zone or both of a combustion chamber, the primary purpose of which is to raise the temperature of a process fluid circulated through the coils to allow distillation, fractionation, reaction or other petrochemical process of the process fluid, whether the fluid is liquid or gas, or a combination of liquid and gas;

Division, in Schedule 14, has the same meaning as in the ADG Code;

dogging work means one or both of the following—

(a)the application of slinging techniques, including the selection or inspection of lifting gear, to sling a load;

(b)the directing of a crane or hoist operator in the movement of a load when the load is out of the operator's view;

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 5, definition of AS 2593 and clauses 5 and 6 of Schedule 4 AS 2593-2004—Boilers—Safety management and supervision systems, published by Standards Australia in 2014 Sections 1, 2 and 3
Regulation 5, definitions of boiler, pressure piping and pressure vessel AS/NZS 1200, Pressure equipment, as published by Standards Australia and Standards New Zealand on 3 December 2015 Appendix E
Regulation 5, definitions of boiler, pressure piping and pressure vessel, regulation 106(c) and (f) and clause 1.1(c) of Schedule 2 AS 4343-2014, Pressure equipment—Hazard levels, published by Standards Australia in 2014 Section 2
Regulation 5, definition of Construction Industry Basic Induction training course Foundations for Safety Construction Industry Induction Training Agreement, with a commencement date of 1 February 2001 The whole
Regulation 5, definition of exposure standard Workplace Exposure Standards for Airborne Contaminants, published by SafeWork Australia on its Internet site The whole
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 5, definitions of GHS, hazard category, hazard class, hazard pictogram, hazard statement, hazardous substance and precautionary statement, regulations 13(1), 17, 143(1), 145(1)(e) and Schedules 7, 8 and 14 Globally Harmonized System of Classification and Labelling of Chemicals, third, fourth and fifth revised editions, published by the United Nations in 2009, 2011 and 2013 respectively The whole
Regulation 5, definition of Membrane Filter Method Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres, 2nd Edition, prepared by the National Occupational Health and Safety Commission and published in April 2005 The whole
Regulation 5, definition of occupational health and safety auditor Procedure No. 02, Part 1, Issue 3: Requirements for Bodies Providing Audit and Certification of Occupational Health and Safety Management Systems, dated 18 August 2011, published by the Joint Accreditation System of Australia and New Zealand The whole
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 41(2)(b)(i) AS 1657-2013—Fixed platforms, walkways, stairways and ladders—Design, construction and installation, published by Standards Australia in 2013, incorporating Amendment No. 1 The whole
Regulation 106(b) and clause 1.8 of Schedule 2 AS 3533.1-2009—Amusement rides and devices—Part 1: Design and construction, published by Standards Australia in 2009, reissued in 2011 incorporating Amendment No. 1 The whole
Regulation 106(f)(ii) AS/NZS 3509:2009—LP Gas fuel vessels for automotive use, published by Standards Australia and Standards New Zealand in 2009 The whole
Regulation 106(f)(iii) AS 2971-2007—Serially produced pressure vessels, published by Standards Australia in 2007 The whole

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 71/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 4 (inserts new regulation 319B, definition of Dust Class H Vacuum) AS/NZS 60335.2.69:2017 Household and similar electrical appliances—Safety—Part 2.69: Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use, published by Standards Australia on 30 June 2017 The whole
Regulation 4 (inserts new regulation 319B, definition of respiratory protective equipment) AS/NZS 1716:2012—Respiratory protective devices, published by Standards Australia on 13 February 2012 The whole

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 141/2020 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 5 Globally Harmonized System of Classification and Labelling of Chemicals, seventh revised edition, published by the United Nations in 2017. The whole
Regulation 7 Globally Harmonized System of Classification and Labelling of Chemicals, third, fourth and fifth revised editions, published by the United Nations in 2009, 2011 and 2013 respectively. The whole

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 137/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 5 (inserts definition of Dust Class H Vacuum into regulation 5 of the Occupational Health and Safety Regulations 2017) AS/NZS 60335.2.69:2017 Household and similar electrical appliances—Safety—Part 2.69: Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use, published by Standards Australia on 30 June 2017 The whole
Regulation 5 (inserts definition of respiratory protective equipment into regulation 5 the Occupational Health and Safety Regulations 2017) AS/NZS 1716:2012—Respiratory protective devices, published by Standards Australia on 13 February 2012 The whole
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