Occupational Health Safety and Welfare Amendment Regulations (No. 3) 1992 (WA)

31 December 1992] GOVERNMENT GAZETTE, WA 6387

2. These regulations come into operation on 1 January 1993.

OCCUPAilONAI, AFICIN AND WE,1,1■Aid:

0A301

OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1984

OCCUPATIONAL HEALTH, SAFETY AND WELFARE

AMENDMENT REGULATIONS (NO. 3) 1992

Made by His Excellency the Governor in Executive Council.

Citation

1.     These regulations may be cited as the Occupational Health, Safety and

Welfare Amendment Regulations (No. 3) 1992.

Commencement

6388 GOVERNMENT GAZETTE, WA [31 December 1992

Part 3 amended

3. Part 3 of the Occupational Health, Safety and Welfare Regulations 1988*	is amended in Division 3 by inserting after Subdivision 1 the following
Subdivision -
it

Subdivision 1A - Manual Handling

Interpretation

314A. In this Subdivision, "manual handling" means any activity requiring the use of force exerted by a person to lift, lower, push, pull carry or otherwise move, hold or restrain a person, animal or thing.

Design and maintenance

314B. (1) An employer shall ensure that, as far as

practicable—

(a) any plant or container used in the workplace is

designed, constructed and maintained so as to avoid a

hazard arising from its manual handling;

work practices involving manual handling are

(b) designed, implemented and maintained so as to avoid

a hazard arising; and

(c) the working environment is designed, constructed and

maintained so that it is consistent with safe manual

handling practices.

(2) An employer who contravenes subregulation (1) commits and. offence.

Identification of hazards

314C. (1) An employer shall identify and assess any manual handling that may involve an employee being exposed to a hazard.

The assessment is to be made in consultation with the and their health and safety representatives, if any.

employees who are required to carry out the manual handling (2)

commits an offence. (3) An employer who contravenes subregulation (1) or (2)

Minimizing risk

314D. (1) If manual handling isidentified as involving an

employee being exposed to a hazard, the employer shall take all practicable steps to eliminate the hazard or reduce the risk of it resulting in injury or harm to health.

(2) To this end, the employer shall -

(a)	redesign the task;
(b)	completed, provide and arrange, as appropriate where redesign is impracticable or until it is
mechanical aids, personal protective equipment and team lifting; and
(c)	and supervision that is appropriate in relation to

ensure that the employees concerned receive training

action taken under paragraphs (a) and (b).

31 December 19921 GOVERNMENT GAZETTE, WA 6389

(2) in consultation with employees who are required to carry out (3) The employer shall give effect to subregulations (1) and

the manual handling and their health and safety representatives,

if any.

(4)	An employer who contravenes subregulation (1), (2) or (3)
(5)

commits an offence.

An employee who does not apply training provided, where such training is consistent with the provisions of the Act, or comply with an instruction given for the purposes of this regulation, so far as application and compliance are practicable, commits an offence.

The code of practice

314E. Nothing in the Code of Practice for Manual Handling,

approved as a code of practice under section 57 of the Act,	71
detracts from anything in this Subdivision.

[* Published in the Gazette of 16 September 1988 at p. 3767-3911. L

For amendments to 17 December 1992 see p. 435 o 1991 Index to

Legislation of Western Australia and Gazette of 29 May 1992.1

By His Excellency's Command,

D. G. BLIGHT, Clerk of the Council.