Occupational Health Safety and Welfare Amendment Regulations 1994 (WA)
| 2944 | GOVERNMENT GAZETTE, WA | [24 June 1994 |
| 0A301 |
2. These regulations come into operation on 1 July 1994.
OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1984
OCCUPATIONAL HEAL1.11, SAFETY AND WELFARE AMENDMENT
REGULATIONS 1994
Made by the Lieutenant-Governor and deputy of the Governor in Executive
Council.
Citation
1. These regulations may be cited as the Occupational Health, Safety and
Welfare Amendment Regulations 1994.
Commencement
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Principal regulations
3. In these regulations the Occupational Health, Safety and Welfare
Regulations 1988* are referred to as the principal regulations.
[* Published in Gazette of 16 September 1988 at p. 3767-910. For amendments to 16 June 1994 see 1993 Index to Legislation of Western Australia, Table 4, pp. 193-4.1 Regulation 207 amended
4. Regulation 207 of the principal regulations is amended
(a) in paragraph (a) by inserting after "test" in the 2 places it occurs the following - inspection or assessment
(b) in paragraph (b) by inserting after "specifications" the following - or any other documentation required by these regulations or by the Commissioner,
(c) by deleting paragraph (c) and substituting the following paragraph -
(c) =test, Commissioner a fee equal to the cost of the test, inspection or assessment, calculated pay at the hourly rate set out in Part 1 of Schedule
11;
and
(d) in paragraph (d) by inserting after "test" the following - inspection or assessment
Part 3 amended
5. Part 3 of the principal regulations is amended in Division 1 by inserting
after Subdivision 1 the following Subdivision -
Subdivision 1A - Prevention of falls at workplaces
Interpretation 314A. (1) In this Subdivision - "anchorage" means an anchorage point or anchorage line within the meaning of AS 1891.3;
"competent person", in relation to the doing of anything, means a person who has acquired through training qualification or experience the knowledge and skill required to do that thing competently;
"person in charge of a workplace" means the personwho has the management or control of the workplace.
(2)
includes a reference to a person falling from, through or into a
place or thing.In this Subdivision a reference to a person falling Subdivision to do something but the employer is not the person in (3) Where an employer has a duty under a provision of this
charge of the workplace at which an employee works, the employer has the same duty under that provision as the person in charge of the workplace has, except that the employer's duty is limited to an employee.
1 642-9
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Identification of hazards at workplaces
314B.
charge of a workplace shall - (1) A person who is an employer or the person in (a) identify any hazard that involves a person falling while at the workplace or while using any means of
access to and egress from the workplace;
(b) assess the risk of injury to a person resulting from and each hazard, if any, identified under paragraph (a);
(c) consider the means by which the risk may be reduced in any of the ways referred to in regulation 314C.
offence. (2) A person who contravenes this regulation commits an Possible means of reducing risk
314C. Consideration of the means of reducing a risk as risk, in an appropriate case, by - required under regulation 314B (1) (c) shall include reducing the
(a) the provision of guard rails;
(b) the use of a building maintenance unit installed by a competent person; (c) the use of scaffolding or another type of working platform; (d) where it is not practicable to provide the equipment industrial fall-arrest system and device and an
referred to in paragraph (b) or (c), the use of an
anchorage, each of which complies with AS 1891,
AS 2626 and AS 4626;(e) the use of ladders; (f) the provision of training -
(i) in the use of fall-arrest systems and devices and personal protective equipment and in
rescue procedures; and
that is otherwise relevant to hazards that may
(ii) be encountered;
(g) the provision of supervision by a competent person; (h) the provision of assistance by another person;
and
(i) any other means relevant to the particular case.
Fall-arrest systems and devices
314D. charge of a workplace shall ensure, in relation to each industrial (1) A person who is an employer or the person in
fall-arrest system and device provided for use at the
workplace -that each component of the system and device and its
(a) means of attachment to an anchorage is inspected by a competent person at regular intervals;
(b)
that a component of the system and device or its means of attachment to an anchorage which, in the opinion of the competent person inspecting it under and paragraph (a), shows wear or weakness is not used;
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(c) where the system and device has been used to arrest a free fall, that each component of the system and device is withdrawn from service and inspected by a
competent person.offence. (2) A person who contravenes this regulation commits an Inspection of anchorages
314E. (1) A person who is an employer or the person in charge of a workplace shall ensure -
(a) workplace is inspected by a competent person at that every anchorage or system of anchorages at the regular intervals and in the case of an anchorage that is permanently fixed, at intervals not greater than 6 months;
(b) where, in the opinion of the competent person an anchorage is worn or the load bearing capacity o# the anchorage may be impaired, that the anchorage is not
used while it is in that condition; and(c) been repaired is inspected by a competent person that an anchorage or system of anchorages that has
before it is used.
offence. (2) A person who contravenes this regulation commits an Protection in relation to holes and openings
314F. (1) A person who is an employer or the person in charge of a workplace shall ensure that any hole or opening
(other than a lift shaft or stairwell) with dimensions of more than 200mm x 200mm but less than 2 metres x 2 metres or with a diameter greater than 200mm but less than 2 metres - (a) in a floor, other than a concrete floor of a building or structure at the workplace, is covered with a material that is -
(i)
strong enough to prevent persons or things entering or falling through the hole or opening;
and (ii) securely fixed to the floor; or (b) in a concrete floor of a building or structure at the workplace -
(i) has wire mesh that meets the requirements of subregulation (2); and
(ii) is covered with a material that is -
strong enough to prevent persons or
(A) things entering or falling through the
hole or opening; and
(B) securely fixed to the floor.
subregulation (1) (b) (i) is required to - (2) The wire in the wire mesh referred to in (a) be at least 4mm in diameter; (b) have maximum apertures of 100mm x 100mm;
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(c) be embedded, at least 200mm in the edges of the surrounding concrete; and
(d) be embedded in the upper half of the slab with a minimum concrete cover of 20mm or, if approved, be embedded in the lower half of the slab with a
minimum cover of 30mm.(3) A person who is an employer or the person in charge of a workplace shall ensure that -
(a) wire mesh referred to in subregulation (1) (b) (i) -
(i) is not used as a working platform; and
(ii) is only removed for the purposes of installing services as long as the removal takes place
immediately before the installation of a service and only a portion that is the minimum portion required to be removed for the installation is removed;
and
(b) any cover referred to in subregulation (1) (a) or
(b) (ii) -
(i) than 75mm in height with the words is marked in clearly legible lettering not less
"DANGER - HOLE BENEATH"; and
(ii) is only removed for the purposes of installing services as long as the removal takes place immediately before the installation of a service.
offence. (4) A person who contravenes this regulation commits an Protection in relation to edges
314G. charge of a workplace that is a construction site shall ensure that (1) A person who is an employer or the person in
at every open edge of a stair, landing or shaft opening at the workplace there is provided and maintained a guard rail complying with Parts 1, 2, 3 and 4 of AS 1576.
A person who is an employer or the person in charge of a stair, landing or fixed platform at the workplace is guarded in a workplace other than a construction site shall ensure that every (2) manner complying with AS 1657.
offence. (3) A person who contravenes this regulation commits an Grid mesh and checker plate flooring panels
31411. (1) Arson who is an employer or the person in charge of a workplace that is a construction site shall ensure that where grid mesh or checker plate flooring panels are being installed at the workplace -
(a) subject to paragraph (b), each panel is securely fixed, in accordance with the manufacturer's specifications, to a supporting structure before the structure is
placed into position on the building; and(b) where it is not practicable to fix the panels to a supporting structure, each panel is to be securely fixed to the building immediately after the panel is
placed into position.offence. (2) A person who contravenes this regulation commits an
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Working on or from fragile material
314L
charge of a workplace shall ensure that no person works - (1) A person who is an employer or the person in (a) on or from a roof; or (b) on or from any other thing, at the workplace that is made of asbestos cement or some other fragile or brittle material unless the work is carried out from a scaffold or other working platform that is located and constructed so as to allow the work to be performed safely.
offence. (2) A person who contravenes this regulation commits an Fragile roofing materials
314J. charge of a workplace shall ensure that where a person is (1) A person who is an employer or the person in
required to work on or from a roof at the workplace where fragile
material forms the whole or any part of the roof -
(a) warning notices bearing the words - " DANGER
FRAGILE ROOFING
USE WORKING PLATFORM
are placed at regular intervals around the building or
structure and at the access way to the roof; and
(b) a warning notice bearing the words - it
NO ACCESS
is placed in each potential access way to the roof that
is not to be used as an access way.
in charge of a workplace shall ensure that where a person is (2) Subject to subregulation (3), an employer or the person
required to work on or from a roof at the workplace on which
there is a skylight -
(a) non-corrosive safety mesh that satisfies the test for
safety mesh described in AS 2424 is securely fixed directly over the top of, or directly underneath, the skylight; or (b) around the skylight. barriers are securely fixed and adequately maintained
Subregulation (2) does not apply in relation to a skylight that satisfies the impact resistance test described in AS 2424.
(3)
(4) A person shall not remove a notice referred to in subregulation (1) without the authority of the employer or person
in charge of the workplace, as the case requires.
offence. (5) A person who contravenes this regulation commits an
Regulation 345 repealed
6. Regulation 345 of the principal regulations is repealed.
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Regulations 350 and 351 repealed and a regulation substituted
7. Regulations 350 and 351 of the principal regulations are repealed and
the following regulation is substituted -
I'
Vehicles
350. (1) The main contractor shall ensure that the movement and speed of vehicles are controlled.
commits an offence. (2) A main contractor who contravenes this regulation
Regulation 505 amended
8. Regulation 505 (5) of the principal regulations is amended in paragraph
(c) by deleting "$230" and substituting the following -
$240
Regulation 602 amended
9. Regulation 602 of the principal regulations is amended in paragraph (d)
by deleting "$30" and substituting the following -
$50
Regulation 603 amended
10. Regulation 603 (3) of the principal regulations is amended in paragraph
(a) by deleting "rate of $65 per hour" and substituting the following -
hourly rate set out in Part 1 of Schedule 11
Regulation 603A amended
11. Regulation 603A of the principal regulations is amended -
(a) in subregulation (1) (a) by inserting after "Commissioner," the following - or by a competent person,
(b) by inserting after subregulation (1) (a) the following paragraph - a
(ab) the applicant has paid to the Commissioner a
rate set out in Part 1 of Schedule 11, of any
inspection carried out by an inspector;fee equal to the cost, calculated at the hourly
(b) by inserting after subregulation (1) the following subregulation - (la) In subregulation (1) -
"competent person" means a person who in the opinion of the Commissioner, bas acquired through training, qualification orexperience the knowledge and skill required to carry out an inspection, and who is sufficiently independent to render an impartial report based on that inspection.
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Regulation 609 amended
12. Regulation 609 of the principal regulations is amended -
(a) in subregulation (1) by deleting "shall arrange for the plant to be inspected subject to the applicant meeting the costs of or incidental to the inspection, other than the costs of so much if any, of the inspector's time as is during his normal workrng hours." and substituting the following -
shall require the plant to be inspected by an inspector
or a competent person.
and
(b) by inserting after subregulation (1) the following subregulations -
is carried out by an inspector, the applicant shall pay (ia) When an inspection under subregulation (1)
to the Commissioner a fee equal to the cost calculated at the hourly rate set out in Part 1 of Schedule ii, of the inspection.
(ib) In subregulation (1) -
"competent person" means a person who in the opinion of the Commissioner, has acquired through training, qualification orexperience the knowledge and skill required to carry out an inspection, and who is sufficiently independent to render an impartial report based on that inspection.
Regulation 610 amended
13. Regulation 610 (1) of the principal regulations is amended by inserting
after "under regulation 609," the following -
and upon receipt of a certification fee of $25 from the applicant,
Regulation 823 amended 14. Regulation 823 (2) of the principal regulations is amended by deleting
"$2 500" and substituting the following -
$2600
Regulation 904 amended
15. Regulation 904 of the principal regulations is amended in
subregulations (1) and (3) by deleting in each place where it occurs "and regulation 351". Part 9, Division 8 repealed
16. Division 8 of Part 9 of the principal regulations is repealed. Part 10 repealed and a Part substituted
17. Part 10 of the principal regulations is repealed and the following Part is substituted -
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PART 10 - CERTIFICATES OF COMPETENCY
Interpretation
1001. (1) In this Part, unless the contrary intention
appears -
"assessor" means a person registered under regulation 1006 as an assessor;
"certificate of competency" means a certificate issued in accordance with the national standard, and includes evidence of a satisfactory assessment referred to in clause 22 of the national standard;
"industrial equipment" means equipment to which the national standard applies;
"national standard" means the National Occupational
Health and Safety Certification Standard for Usersand Operators of Industrial Equipment [NOHSC: 1006 (1992)] of the National Occupational Health and Safety Commission and includes any amendment made to it before the coming into operation of this
regulation;"prescribed work" means work to which the national
standard applies.
(2) A reference in this Part -
(a) to using or operating equipment refers, if the equipment is a boiler, to attending and checking the
boiler; and
(b) includes a reference to a person who is authorized to a person who holds a certificate of competency
competency referred to in regulation 1107 (3) (b). under regulation 1107 (2) or who holds a certificate of
Application of national standard
1002. (1) The national standard applies in relation to the certification of persons who perform prescribed work or use or
operate industrial equipment, as if the provisions of the national
standard were set out in these regulations and, for the purposes
of applying the national standard, a reference in it -
(a)
to the certifying authority, or the authorized officer of the certifying authority, shall be taken to be a reference to the Commissioner; and
(b)
to a workplace, shall be taken to be a reference to a workplace as defined in section 3 of the Act.
with the national standard for - (2) A person who applies to the Commissioner in accordance
(a) a certificate of competency; or (b) certificate of competency, a replacement for a lost, stolen or destroyed
shall include with the application the application fee set out in item 1 or item 2 of Part 2 of Schedule 11, as the case requires, which is not refundable if the application is unsuccessful.
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Certificate necessary to perform prescribed work or use or operate industrial equipment
1003. (1) Subject to subregulation (2) and regulation 1004, a person shall not perform any prescribed work, or use or operate any industrial equipment, unless the person holds a certificate of competency that the person is required by the national standard to hold to perform that work or use or operate that equipment.
competency - (2) A person who does not hold a certificate of
(a) may use or operate a materials platform hoist where the vertical travel involved does not exceed 11 metres; or (b) course of its manufacture, maintenance or repair may use or operate any industrial equipment in the
if -
(i) the equipment is not used or operated outside the bounds of the workplace at which it is being manufactured, maintained or repaired, as the
case requires; and(ii) the equipment is not used or operated under load conditions.
(3) If subregulation (1) is contravened -
(a) the person who contravenes the subregulation commits an offence;
(b) the employer of the person who contravenes the subregulation commits an offence; and
the person who has the management or control of the
(c) workplace where the subregulation is contravened commits an offence.
Uncertificated person under supervision
1004. (1) An uncertificated person may perform prescribed
work, or use or operate industrial equipment, if—
the person is under the supervision of a person who
(a) holds a certificate of competency to perform that work, or use or operate that equipment; or
(b) the person is being assessed by an assessor in the performance of that work or the use or operation of
that equipment.
(2)
A person who holds a certificate of competency to perform prescribed work, or use or operate industrial equipment, as referred to in Schedule A to the national standard, shall not supervise more than 4 uncertificated persons at any one time.
perform prescribed work or use or operate industrial equipment (3) A person who holds a certificate of competency to
as referred to in Schedule B or C to the national standard, shall not supervise more than one uncertificated person at any one time.
commits an offence. (4) A person who contravenes subregulation (2) or (3) (5) In this regulation, "uncertificated person" means a person who is performing prescribed work, or using or operating industrial equipment, but does not hold a certificate of competency to do so, and includes a person who is receiving training in accordance with the national standard in the performance of that work or in the use or operation of that equipment.
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Certain industrial equipment not to be left unattended while in use
1005. (1) A certificated person using or operating -
(a) a crane, a hoist or a concrete placing boom, as referred to in Schedule B to the national standard; or
(b) a boiler, turbine or reciprocating steam engine, as referred to in Schedule C to the national standard,
shall not leave the crane, hoist, concrete placing boom, boiler, turbine or reciprocating steam engine, as the case requires, while it is in use or operation unless another certificated person has taken over control of it.
offence. (2) A person who contravenes subregulation (1) commits an (3) In this regulation - "boiler" does not include an "unattended boiler" as referred to in Schedule C to the national standard;
"certificated person" means a person who is using or operating industrial equipment and holds a certificate of competency to do so.
Registration of person as assessor
1006. (1) A person may apply to the Commissioner, in a form pproved by the Commissioner, to be registered as an assessor for the purposes of assessing applicants for certificates of competency.
include with the application the registration fee set out in item 3 (2) A person who applies under subregulation (1) shall
of Part 2 of Schedule 11, which is not refundable if the
application is unsuccessful.
whether or not the person is an officer of the department, if the (3) The Commissioner may register a person as an assessor,
Commissioner, having regard to the qualifications in the national standard for a person to be registered as an assessor, is satisfied that the person is qualified to be so registered.
registration as an assessor under this regulation has effect until (4) Unless it is sooner suspended or cancelled, a person's
the expiry of—
(a) 3 years after the person's registration as an assessor; or
3 years after the last renewal, if the registration has
(b) been renewed under regulation 1007.
Renewal of registration as assessor
1007. (1) A person may apply to the Commissioner for the
renewal of the person's registration as an assessor if the
application is made -
(a) before theexpiry of the period for which the registration has effect; and
(b) in a form approved by the Commissioner.
include with the application the application fee set out in item 4 (2) A person who applies under subregulation (1) shall of Part 2 of Schedule 11.
Commissioner shall refund the fee paid by the unsuccessful (3) If an application under subregulation (1) is refused, the applicant.
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assessor if the Commissioner, having regard to the qualifications (4) The Commissioner may renew the registration of an
appropriate to do so. referred to in regulation 1006 (3), is satisfied that it is Suspension and cancellation of registration of assessor 1008. If in the opinion of the Commissioner, an assessor may
no longer 'be competent to carry out the work of an assessor, the
Commissioner may, by notice in writing to the assessor -(a) suspend the registration of the assessor for any penod not greater than 12 months that the
Commissioner considers appropriate; or
(b) cancel the registration of the assessor, as the Commissioner considers appropriate.
Regulation 1107 repealed and a regulation substituted
18. Regulation 1107 of the principal regulations is repealed and the
following regulation is substituted -
4'
Certificates of competency, and applications, before 1 July
19941107. (1) If the Commissioner is satisfied that a person who, immediately before 1 July 1994, was authorized by -
a certificate of competency under Part 10, as in force
(a) immediately before that day; or regulation 1107, as in force immediately before that
(b) day, to do any work or drive or operate any plant, and the person pays the fee set out in item 5 of Part 2 of Schedule 11, the Commissioner shall issue to the person a certificate of competency of the appropriate kind provided for in the national standard.
(2) Until a certificate of competency is issued to a person under subregulation (1), the person is authorized to do any work,
or drive or operate any plant, that the person was authorized to
do, or drive or operate, immediately before 1 July 1994. immediately before 1 July 1994, continue to apply in relation (3) Part 10 (and Schedules 9, 10 and 11) as in force to —
(a) an application for a certificate of competency under that Part, as in force immediately before that day, that the Commissioner has not determined to be
successful or unsuccessful before that day; and(b) a certificate of competency issued by the Commissioner as a consequence of such an
application.
Schedule 1 amended
19. Schedule 1 of the principal regulations is amended -
(a) in item 13 by deleting the AS number and title and substituting the following AS number and title - Scaffolding
'4 AS 1576-1991
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(b) by deleting item 14; (c) in item 15 by deleting the AS number and substituting the following AS number -
AS 1657-1992
(d) by inserting after item 30 the following item -
30A AS 1891.3 Industrial fall-arrest
systems and devices
(e) by inserting after item 38 the following item -
38A AS 2424-1991 general installation Plastic building sheets- requirements and design
of roofing systems
(f) by inserting after item 41 the following item -
41A AS 2626-1983 Industrial safety belts
and harnesses - selection, use and maintenance
and
(g) by inserting after item 47 the following item -
48 AS 4626-1993
Industrial fall-arrest devices - selection, use and maintenance
Schedule 6 amended
20. Schedule 6 of the principal regulations is amended -
(a) in the reference provision by deleting "351,"; and (b) in clause 17 - (i) after subclause (c) by inserting the following -
and"; "
(ii) full stop; and in subclause (d) (ii) by deleting "; and" and substituting a (iii) by deleting subclause (e).
Schedules 9, 10 and 11 repealed and a Schedule substituted
21. Schedules 9, 10 and 11 to the principal regulations are repealed and the
following Schedule is substituted -
SCHEDULE 11
PART 1— HOURLY RATE PAYABLE FOR TESTS,
INSPECTIONS AND EXAMINATIONS
The hourly rate payable for a test, inspection or assessment for
equal to the amount payable for 15 minutes. 609 (la) is $75 per hour, or part thereof, with a minimum charge the purposes of regulations 207, 603 (3) (a), 603A (1) (ab) and
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PART 2— FEES UNDER PART 10
1. Application for certificate of competency
(reg. 1002 (2)) $50.00 2. Application for replacement certificate
of competency (reg. 1002 (2)) $25.00 3. Application to be registered as an assessor
(reg. 1006 (2)) $600.00 4. Application for renewal of registration
as an assessor (reg. 1007 (2)) $300.00 5.
Issue of certificate of competency to person authorized before 1 July 1994 (reg. 1107 (1)) $25.00
•
. By Command of the Lieutenant-Governor and deputy of the Governor.
D. G. BLIGHT, Clerk of the Council.
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