Occupational Health, Safety and Welfare Regulations 2010 (SA)
South Australia
Occupational Health, Safety and Welfare Regulations 2010
under the Occupational Health, Safety and Welfare Act 1986
Contents
Part 1—Preliminary
Division 1—Preliminary
1 Short title
3 Interpretation
Division 2—Responsibilities under regulations
4 Employers
5 Employees
6 Self‑employed persons
7 Occupiers of workplaces
8 Owners of buildings
9 Owners of plant
10 Designers of buildings
11 Designers of plant or structures
12 Manufacturers
13 Suppliers
14 Importers
15 Installers or erectors of plant or structures
16 Other persons
17 Specification of responsibilities
18 General defence
Division 3—General principles for implementation of regulations
Subdivision 1—Responsibilities of employers
19 Consultation
20 Hazard identification and risk assessment
21 Control of risk
22 Information, instruction and training
23 Induction to new work
24 Supervision
25 Employer action on reports
Subdivision 2—Responsibilities of employees
26 Responsibilities of employees
Part 2—General workplace
Division 1—Access and egress
27 Access and egress
Division 2—Amenities
28 Facilities for personal belongings
29 Facilities for changing clothes
30 Facilities for dining
31 Combined facilities
32 Toilets
33 Washing facilities
34 Drinking water
35 Arrangements for sickness
36 Seating
Division 3—Buildings and their precincts
37 Application
38 Floors
39 Fragile roofing materials
40 Space per person
Division 4—Confined spaces
41 Preliminary
42 Design, manufacture, supply and modification
43 Hazard identification and risk assessment
44 Control of risk
45 Entry permit
46 Control of fire and explosion risk
47 Rescue arrangements
48 Education and training
Division 5—Electrical
49 Preliminary
50 Work in vicinity of electrical hazards
51 Competency requirements
52 Electrical installations etc
53 General requirement for hazard identification at workplace
54 Electrical installations—hazard identification, risk assessment and control of risk
55 Inspection and testing of electrical plant
56 Provision of R.C.D.s
57 Testing and maintenance of R.C.D.s
Division 6—Emergency facilities and procedures
58 Preliminary
59 Emergency exits, procedures and training
60 Emergency facilities
61 Rescue arrangements
Division 7—Fire prevention
62 Fire prevention
Division 8—Lighting
63 Lighting
Division 9—Manual handling
64 Preliminary
65 Design
66 Risk assessment
67 Risk control
68 Duties of employees
Division 10—Noise
69 Preliminary
70 Duties of designers, manufacturers, suppliers and importers
71 Duties of employers
72 Duties of employees
Division 11—Occupational health and first aid
73 Occupational health and first aid in workplace
Division 12—Personal protection
74 Personal protection
75 Use of air supplied respiratory equipment
Division 13—Prevention of falls
76 Prevention of falls
Division 14—Remote or isolated work
77 Isolated work
Division 15—Storage
78 Storage
Division 16—Traffic control
79 Traffic control
Division 17—Ventilation
80 Ventilation
Division 18—Workplace cleanliness and hygiene
81 Cleanliness and hygiene
Part 3—Plant
Division 1—Preliminary
82 Purpose
83 Definitions
84 Part does not apply to certain plant
85 Part does not apply to amusement structures
86 Incorporation of references
87 Inspection fee
Division 2—Duties
Subdivision 1—Duties of designers
88 Hazard identification and risk assessment
89 Control of risk
90 Provision of information
Subdivision 2—Duties of manufacturers
91 Special duty
92 Hazard identification and risk assessment
93 Control of risk
94 Provision of information
Subdivision 3—Duties of importers
95 Special duty
96 Control of risk
97 Provision of information
Subdivision 4—Duties of suppliers
98 Control of risk
99 Provision of information
Subdivision 5—Duties of erectors or installers
100 Hazard identification and risk assessment
101 Control of risk
Subdivision 6—Duties of employers
102 Hazard identification and risk assessment
103 Training, information, instruction and supervision
104 Control of risk
105 Design
106 Installation and commissioning
107 Use
108 Repair
109 Alteration
110 Dismantling, storage and disposal of plant
Subdivision 7—Employer's specific duties for control of risk
111 Plant under pressure
112 Plant with moving parts
113 Powered mobile plant
114 Plant with hot or cold parts
115 Electrical plant and plant exposed to electrical hazards
116 Plant designed to lift or move
117 Industrial robots and other remotely or automatically energised equipment
118 Lasers
119 Scaffolds
120 Lifts
121 Record keeping
Subdivision 8—Duties of owners
122 Application
123 Hazard identification and risk assessment
124 Control of risk
125 Provision of information
126 Maintenance, inspection, repair and cleaning
127 Alteration
128 Dismantling, storage and disposal of plant
129 Specific duty for control of risk
130 Record keeping
Subdivision 9—Duties of self‑employed persons
131 Hazard identification and risk assessment
132 Control of risk
133 Provision of information
134 Record keeping
Division 3—General requirements for hazard identification, risk assessment and control of risk
135 Hazard identification
136 Risk assessment
137 Control of risk
Division 4—Registration of plant designs and items of plant
138 Preliminary
139 Registration of plant design
140 Registration of items of plant
141 Renewal of registration
142 Notification of compliance
143 Periodic fees
144 Transitional provisions
Part 4—Amusement structures
Division 1—Preliminary
145 Purpose
146 Application of Act to amusement structures
147 Interpretation
148 Inconsistent safety instructions
Division 2—Duties associated with design, manufacture and supply of amusement structures
Subdivision 1—Duties of designers
149 Hazard identification and risk assessment
150 Control of risk
151 Provision of information (including as to classification)
Subdivision 2—Duties of manufacturers
152 Special duty
153 Hazard identification and risk assessment
154 Control of risk
155 Provision of information
Subdivision 3—Duties of importers
156 Special duty
Subdivision 4—Duties of suppliers
157 Control of risk
158 Provision of information
Division 3—Duties associated with installation, maintenance and use of amusement structures
159 Duties of proprietor
160 Erection or installation
161 Hazard identification and initial testing
162 Appointment of competent operators
163 Daily inspections
164 Maintenance and periodic inspections
165 Repairs and alterations
166 Dismantling and storage
167 Additional requirements
Division 4—General requirements for hazard identification, risk assessment and control of risk
168 Hazard identification
169 Risk assessment
170 Control of risk
Division 5—Registration of designs and amusement structures
171 Preliminary
172 Registration of designs
173 Registration of amusement structures
174 Registration may lapse in certain cases
175 Re‑registration generally
176 Display of registration details
177 Notification of compliance
178 Transitional provision
Part 5—Hazardous substances
Division 1—General hazardous substances
Subdivision 1—Preliminary
179 Purpose
180 Scope
181 Interpretation
Subdivision 2—Supplier's duties
182 Classification of hazardous substances
183 Material Safety Data Sheets
184 Labels
185 Ingredient disclosure
186 Provision of other relevant information
Subdivision 3—Employer's duties
187 Material Safety Data Sheets
188 Labels
189 Hazardous substances registers
190 Provision of other relevant information
191 Prohibition of scheduled substances for specified uses
192 Instruction and training
193 Risk assessment
194 Risk control
195 Atmospheric monitoring
196 Health surveillance
197 Record keeping
198 Relevant emergency services
Division 2—Asbestos
199 Preliminary
200 Provision of information
201 Exposure standards
202 Licence to carry out asbestos removal work
203 Suspension of work pending an appeal
204 Prohibited or restricted processes
205 General duty
206 Duties of employers
207 Duties as to atmospheric monitoring
208 Duties of building owners and other persons in possession of asbestos
209 Personal safety
210 Special provisions relating to chrysotile asbestos
Division 3—Lead
211 Purpose
212 Work area
213 Furniture and equipment
214 Control of atmospheric contaminants
215 Amenities
216 Safe procedures
217 Personal protective equipment
Division 4—Synthetic mineral fibres
218 Purpose
219 Exposure standards
Part 6—Hazardous work
Division 1—Abrasive blasting
220 Purpose
221 Prohibited operations
222 Abrasive blasting equipment
223 Blasting chambers and cabinets
224 Safety and maintenance
225 Abrasive blasting outside blasting chamber or cabinet
226 Personal protective equipment and washing facilities
Division 2—Demolition
227 Preliminary
228 Risk assessment and control
229 Prevention of access and warning notices
230 Overhead protection
231 Working on or from fragile material
232 Use of existing stairs for access
233 Emergency measures in event of instability
234 Protection of persons in public places
235 Approval to carry out certain demolition work
Division 3—Diving
236 Purpose
237 Interpretation
238 General requirements
Division 4—Electroplating
239 Purpose
240 Work area
241 Storage of hazardous substances
242 Safety and maintenance
243 Control of atmospheric contaminants
244 Personal protective equipment and washing facilities
Division 5—Excavation work
245 Preliminary
246 Site report
247 Daily inspection
248 Performance of work
Division 6—Foundry work
249 Preliminary
250 Work area
251 Equipment and materials
252 Control of atmospheric contaminants
253 Moulding and casting
254 Rumbling
255 Personal protective equipment and washing facilities
Division 7—Logging
256 Purpose
257 Duty in relation to allocation of work
258 Proficiency of persons performing logging work
259 Communication systems
260 Felling or cross‑cutting
261 Snigging or skidding
262 Warning signs
263 Equipment and machinery
264 Log transportation
265 Haul roads
266 Personal protective clothing and equipment
Division 8—Spray painting
267 Purpose
268 Work area
269 Spray booths—construction
270 Spray booths—exhaust ventilation
271 Safe working and maintenance procedures
272 Personal protective equipment
Division 9—Welding
273 Purpose
274 Work area
275 Use of manifolds
276 Safe procedures and personal protective equipment
Division 10—Construction work
277 Preliminary
278 Appointment of safety supervisors
279 Responsibilities
280 Additional duties
Division 11—Petroleum work
281 Preliminary
282 Application of Division
283 Siting of flares
284 Regulation of certain practices
285 Blowout prevention
286 Blowout preventer closing units
287 Testing blowout prevention equipment
288 Removal of blowout prevention equipment
289 Blowout prevention training and procedures
290 Well drilling fluids
291 Certain operations not to be conducted at night
Division 12—Mining work
292 Preliminary
293 Specific offence for managers
294 Inspection record system
295 Site report
296 Daily inspection
297 Performance of work
298 Self‑rescuers
299 Stability of ground
300 Mode of working
301 Diesel exhaust
302 Winches and personnel transportation
303 Shafts and winding
304 Fuel use and storage underground
305 Electricity—particular provisions
306 Earthing—underground
307 Residual current devices
308 Earth continuity equipment
309 Cabling
310 Aerial conductors
311 Ventilation—general
312 Ventilation—design
313 Ventilation—plans
314 Ventilation—checking
315 Disused workings
316 Requirement to hold licence to conduct blasting operation
317 Grant or renewal of licence
318 Transitional provision
319 Conditions of blaster's licence
320 Acquisition of explosives under licence
321 Cancellation or suspension of licence
322 Return of licence
323 Retention of licence while explosives remain in possession
324 Responsibilities of shotfirer and employer or contractor
325 Attendance of shotfirer at blasting operation and supervision of others
326 Hazard identification and risk control etc
327 Storage of blasting explosives
328 Action in event of thunderstorm or duststorm
329 No other work in vicinity of blasting explosives
330 Ensuring explosives are not damaged or defective
331 Reduction of ground vibration and airblast
332 Use of explosives in darkness
333 Capping of fuses and preparation of primer cartridges
334 Charging of shotholes
335 Safety fuse firing
336 Electrical firing
337 Blasting in hot material
338 Exclusion of people from area
339 Butts and misfires
340 Disposal of blasting explosives
341 Requirements for storage in underground magazine at mine
Division 13—Opal mining
342 Preliminary
343 Interpretation
344 Safety performance
345 New and previously worked opal mines
346 Daily inspections
347 Underground fires
348 Ground support for underground opal mine
349 Ground support for surface opal mine
350 Diesel engines
351 Fuel use and storage underground
352 Winches for personnel transportation
353 Shafts and drill holes
354 Electricity installations and use
355 R.C.D.s
356 Earth continuity equipment
357 Cabling
358 Ventilation
359 Requirement to hold licence to conduct blasting operation
360 Grant or renewal of licence
361 Transitional provision
362 Conditions of blaster's licence
363 Cancellation or suspension of licence
364 Return of licence
365 Responsibilities of holder of blaster's licence
366 Responsibility of other persons involved in blasting operations
Part 7—Administration
Division 1—Health and safety representatives
367 Purpose
368 Preliminary
369 Notice of election day
370 Nomination
371 Voting
372 Election
373 Deputy health and safety representatives
374 Provision of information
375 Retention of voting material
376 Display of notices
377 Training
378 Default notices
379 Provision of Act and regulations
Division 2—Health and safety committees
380 Health and safety committees
Division 3—Confidentiality of health records
381 Confidentiality of health records
Division 4—High risk work licences, competency requirements and registration of assessors
Subdivision 1—Preliminary
382 Preliminary
Subdivision 2—Requirement to be licensed
383 Requirement to be licensed
384 Licence classes
Subdivision 3—Exemptions
385 High risk work—exemption of specified class of high risk work
386 High risk work—exemption granted on application by employer
Subdivision 4—Licensing process
387 Application for licence
388 Decision on application
389 Refusal to grant licence—process
390 Duration of licence
391 Form of licence
Subdivision 5—Conditions and licence document
392 Conditions of licence
393 Changes to information
394 Production of licence for inspection
395 Replacement licence
Subdivision 6—Amendment of licence
396 Amendment of licence conditions on Director's initiative
397 Amendment of licence conditions on application by licence holder
398 Licence holder to return licence
Subdivision 7—Renewal of licence
399 Director may renew licence
400 Renewal process
401 Renewal of expired licence
Subdivision 8—Suspension and cancellation of licence
402 Grounds for suspension or cancellation
403 Matters taken into account
404 Process for suspension and cancellation
405 Interim suspension
406 Return of suspended or cancelled licence
Subdivision 9—Appeals and other matters
407 Appeal against decision of Director
408 Recognition of existing certificate or exemption
409 Operator of self-erecting tower crane exempt until 1 September 2012
410 Carrying out high risk work while awaiting issue of licence
Subdivision 10—Loadshifting equipment
411 Loadshifting equipment
Subdivision 11—Registration of assessors
412 Registration of assessors
Subdivision 12—Miscellaneous
413 Director may require further assessment
414 Confidentiality
Division 5—Notification of commencement of certain work
415 Preliminary
416 Requirement to give notice of commencement of work
Division 6—Notification of certain occurrences
417 Preliminary
418 Notification of work‑related injuries
419 Notification of dangerous occurrences
Division 7—Proceedings
420 Preliminary
421 Applications to Industrial Commission
422 Applications to Industrial Court
423 Summonses
424 Appeals to Industrial Court
425 Appeals to Full Industrial Court
Division 8—Registration of employers
426 Registration of employers
427 Prescription of fee
Division 9—Miscellaneous
428 Provision of statutory instruments
429 Duplicate documents
430 Fees
431 False information
432 Offences
Schedule 1—Responsibilities of employers, employees, self‑employed persons, occupiers and owners and other people
Schedule 2—Responsibilities of designers, manufacturers, importers, suppliers and installers/erectors
Schedule 3—Plant standards
Schedule 4—Plant designs, and plant, which must be registered
Part 1—Plant requiring registration of design
Part 2—Items of plant which must be registered
Schedule 5—Hazardous substances prohibited for specified uses
Schedule 6—Hazardous substances for which health surveillance is required
Schedule 7—Form for application for licence or limited licence to carry out asbestos removal work
Schedule 8—Fees
Schedule 9—Proceedings
Schedule 10—Expiry of existing certificates and other evidence of competency
Legislative history
Part 1—Preliminary
Division 1—Preliminary
1—Short title
These regulations may be cited as the Occupational Health, Safety and Welfare Regulations 2010.
3—Interpretation
(1)In these regulations, unless the contrary intention appears—
abrasive blasting means the cleaning, smoothing, roughening or removal of the surface or part of the surface of an object by the use of an abrasive material propelled by a blast of compressed air or steam, a wheel, or other similar means;
abrasive material means a substance used or intended to be used as an abrasive for abrasive blasting;
Act means the Occupational Health, Safety and Welfare Act 1986;
ADG Code means the 7th edition (2007) of the Australian Code for the Transport of Dangerous Goods by Road and Rail published by the Commonwealth of Australia (ISBN 1 921168 57 9);
administrative noise control means a measure that reduces the noise to which a person at a workplace is exposed by means of work arrangements and includes—
(a)the scheduling of work; and
(b)job rotation; and
(c)limiting the entry of persons to noisy areas; and
(d)the observance of quiet work practices,
but does not include the use of personal hearing protectors;
alter, in relation to plant, means to change the design of, add to or take away from the plant where to do so may affect health or safety, but does not include undertaking routine maintenance, repair or replacement;
amusement structure means a structure or device operated for hire or reward, or provided on hire or lease—
(a)that is used or designed to be used for amusement, recreation, sightseeing or entertainment and on which persons may be moved, carried, raised, lowered or supported by any part of the structure or device, or on which persons may jump or slide; and
(b)that is—
(i)an arrangement of structural or mechanical elements (or both) that has as its prime function the provision of movement of a passenger or passengers in a controlled manner so that the passenger or passengers are not necessarily required to move themselves to obtain the desired effect (called an amusement ride); or
(ii)an arrangement of equipment through which, or on which, a rider moves, where the desired effect is achieved primarily by the rider's self‑powered motion, or by some other process that is not referred to in the description of an amusement ride (called an amusement device); or
(iii)a structure or arrangement of equipment through or on which, or down which, a person moves, where the desired effect is achieved primarily by the person's self‑powered motion, by motion induced by gravity, or by some other process or means associated with the design or operation of the structure or equipment;
but does not include—
(c)a miniature train and railway system owned and operated by a model railway society, club or association; or
(d)a ride or device that is used as a form of transport and that is, in relation to its use for that purpose, regulated under another Act (including an Act of the Commonwealth); or
(e)a boat or flotation device—
(i)that is solely propelled by a person who is in or on the boat or device; and
(ii)that is not attached to any mechanical elements or equipment outside the boat or device, and that does not rely on any artificial flow of water to move; or
(f)any plant specifically designed for a sporting, professional stunt, theatrical or acrobatic purpose or activity; or
(g)a coin‑operated device that—
(i)is intended to be ridden, at the one time, by no more than 4 children below the age of 10 years; and
(ii)is usually located in a shopping centre or similar public location; and
(iii)does not necessarily have an operator;
article means an item—
(a)that is formed during production to a specific shape or design, or to have a specific surface; and
(b)that is used for a purpose that depends in whole or in part on its shape, design or surface; and
(c)that undergoes no change in chemical composition or physical state during use,
but does not include any fluid or particle;
asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock‑forming minerals, including—
(a)actinolite asbestos*; and
(b)grunerite (or amosite) (brown) asbestos*; and
(c)anthophyllite asbestos*; and
(d)chrysotile (white); and
(e)crocidolite (blue); and
(f)tremolite asbestos*;
Note—
Mineral silicates that use the same mineral term for both the asbestiform and non‑asbestiform varieties are highlighted with an asterisk(*). The word "asbestos" has been included when listing these minerals to emphasise that only the asbestiform habit of these minerals is regulated as asbestos.
asbestos removal work means work involving the removal of—
(a)insulation material that consists of or contains asbestos, or other friable asbestos‑containing material; or
(b)an asbestos‑cement (fibro) product, or other non‑friable asbestos‑containing material;
asbestos work means any work where, in the course of that work, exposure to asbestos (or any material that consists of or contains asbestos) may occur;
associated temporary equipment means equipment specifically intended to provide a temporary platform, means of access, means of fall protection or means of protection from falling debris, and includes a temporary guardrail, temporary hoarding, temporary gantry, portable ladder, crane‑lifted workbox, industrial safety net or individual fall‑arrest system, but does not include a scaffold;
atmospheric contaminant means a harmful substance or agent that occurs in the form of any fume, mist, gas, dust, vapour or biological contaminant;
atmospheric monitoring means the sampling of the atmosphere at a workplace and deriving a quantitative estimate of the levels of hazardous substances in the air;
blasting cabinet means an enclosure used or intended to be used for the purpose of abrasive blasting and into which no person can enter or remain during an operating cycle;
blasting chamber means a structure in which a person is present during abrasive blasting;
boiler means a vessel, or an arrangement of vessels, and inter‑connecting parts, in which steam or other vapour is generated, or water or other liquid is heated at a pressure greater than atmospheric pressure by the use of fire, the products of combustion, electrical power or other similar means, and includes a superheater, reheater, economiser, boiler piping support, mounting, valve, gauge, fitting, control, setting, or other equipment directly associated with a boiler, but does not include a fully flooded or pressurised system where water or other liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid;
boom‑type elevating work platform means a telescoping device, hinged device, or articulated device, or any combination of 2 or more of these, used to support a platform on which a person, equipment or materials may be elevated;
bracket scaffold means a scaffold the platform of which is carried on frames attached to, or supported by, a permanent or temporary construction;
breathing zone in relation to a person means the area represented by an imaginary hemisphere 300 millimetres in radius that—
(a)extends in front of the face of the person; and
(b)is measured from the midpoint of an imaginary line joining his or her ears;
bridge crane means a crane that incorporates a bridge beam mounted at each end to an end carriage, is capable of travelling along elevated runways, and has 1 or more hoisting mechanisms arranged to traverse across the bridge;
BS means a standard of The British Standards Institution;
buffing means a process of polishing or abrading carried out by means of a powder, paste or other substance applied to the surface of a mechanically operated wheel, disc or band;
building has the same meaning as in the Development Act 1993;
building maintenance equipment means a suspended platform and associated equipment that incorporates permanently installed overhead supports to provide access to a face or other similar surface of a building for maintenance purposes, and includes a building maintenance unit and a swing stage, but does not include a suspended scaffold;
building maintenance unit means a power‑operated suspended platform and associated equipment that is permanently installed on a building and specifically designed to provide access to a face of a building for maintenance purposes;
cantilevered scaffold means a scaffold that is supported by cantilevered load‑bearing members, but does not include a bracket scaffold;
chemical name of a substance means the recognised chemical name of the substance used in scientific or technical texts;
commissioning in relation to plant means performing necessary adjustments, tests and inspections to ensure that the plant is in full working order to specified requirements, and includes recommissioning;
competent person means a person who is suitably qualified (whether by experience, training, or both) to carry out the work or function described in the relevant regulation;
concrete placing unit (truck mounted with boom) means plant used to place concrete in a particular place by pumping the concrete through a pipeline attached to, or forming part of, a boom, where the plant is capable of travelling over a supporting surface without a fixed runway or track and relies on gravity for stability and, accordingly, does not have a vertical restraining connection between itself and the supporting surface nor a horizontal restraining connection (other than frictional forces at the supporting surface level) to act as an aid to stability;
confined space means an enclosed or partially enclosed space that—
(a)is at atmospheric pressure during occupancy; and
(b)is not intended or designed primarily as a place of work; and
(c)may have restricted means of entry and exit; and
(d)may—
(i)have atmospheric contaminants or an unsafe oxygen level; or
(ii)cause engulfment,
and may include (but is not limited to)—
(e)a storage tank, tank car, process vessel, boiler, pressure vessel, silo or other tank‑like compartment;
(f)an open‑topped space (such as a degreaser or pit);
(g)a pipe, sewer, shaft, duct or similar structure;
(h)a shipboard space entered through a small hatchway or access point, or a cargo tank, cellular double bottom tank, duct keel, ballast or oil tank or other void space, other than a dry cargo hold;
consumer package means a package intended for retail display and sale (and includes a package that is transported and distributed as part of a larger consolidated package that consists of a number of identical consumer packages);
container means anything in or by which substances are or have been wholly (or partly) cased, covered, enclosed, contained or packed (whether such a container is empty, partially full or completely full), but does not include a tank or bulk storage container within the meaning of the ADG Code;
conveyor means an apparatus or equipment, worked by a form of power, other than human power, by means of which loads may be raised, lowered, transported or continuously driven by—
(a)an endless belt, rope, chain or other similar means; or
(b)buckets, trays or other containers or fittings moved by an endless belt, rope, chain or other similar means; or
(c)a rotating screw; or
(d)a vibration or walking beam; or
(e)a powered roller conveyor where the rolls are driven by an endless belt, rope, chain or other similar means,
and includes the supporting structure, auxiliary equipment and gear used in connection with such an apparatus or equipment;
crane means an appliance by means of which loads may be raised or lowered and moved horizontally and includes the supporting structure and foundations of such a structure, but does not include an industrial lift truck, earthmoving machinery, an amusement structure, a tractor, an industrial robot, a conveyor, building maintenance equipment, a suspended scaffold or a lift;
dB(A) means decibels of A‑weighted sound pressure level;
dB(C) means decibels of C‑weighted sound pressure level;
deluge facility means an eye‑bath, deluge shower or hand‑held tap attachment that is designed to drench a contaminated part of the body with water;
designer means a person who designs plant or structures, or who is responsible for the design of plant or structures;
dry abrasive blasting means abrasive blasting conducted without addition of water to the abrasive material or its propellant;
earthmoving machinery means an operator‑controlled item of plant used to excavate, load, transport, spread or compact earth, overburden, rubble, spoil, aggregate or similar materials, but does not include a tractor or an industrial lift truck;
electrical installation means any electrical wiring, accessory, fitting, consuming device, control or protective gear, or other equipment associated with wiring situated in or on a workplace;
electrical plant means plant which consumes, converts or generates electricity;
electroplating or electroplating process means a process that involves applying a deposit of metal to something by electrolytic means;
electroplating substance means a poisonous or corrosive substance used for electroplating;
elevating work platform means a telescoping device, scissor device or articulating device (or any combination of 2 or more of these) used to move people, equipment and material to and from a work location above the device's support surface;
emergency service means—
(a)the South Australian Metropolitan Fire Service;
(b)the South Australian Country Fire Service;
(c)South Australia Police;
(d)any other department or agency or instrumentality of the Crown which may be required to attend at the scene of an emergency;
engineering noise control means a measure that reduces the noise to which a person at a workplace is exposed through the design or modification of plant or the physical working environment, including design or modification for—
(a)eliminating noisy plant;
(b)replacing noisy plant by quieter plant;
(c)reducing noise emission at its source;
(d)isolating or enclosing noisy plant;
(e)the acoustical treatment of the workplace,
but does not include the use of personal hearing protectors;
erector means a person who erects, dismantles or alters a structure, or the structure of plant;
ergonomic connotes a situation where steps have been taken to optimise the functioning of plant, or systems of work associated with plant, by adapting them to human capacity or need;
excavation work means work involving the removal of soil or rock from a site to form an open face, hole or cavity;
exposure standard—
(a)in relation to an atmospheric contaminant—see subregulation (5); and
(b)in relation to noise—see Part 2 Division 10;
extra‑low voltage means voltage not exceeding 32V alternating current or 115V direct current;
faller means a person who fells or cross‑cuts trees;
fault, in relation to plant, means a break or defect which may cause the plant to present a risk to health or safety, or in the case of a fault in the design of plant, fault means an aspect of the plant design which gives rise to, or may result in, a break or defect that may cause the plant to be a risk to health or safety if manufactured in accordance with the design specifications;
felling means the act of cutting, trimming, chopping or pulling down a tree, or any part of a tree;
fired heater means a pressure vessel in which a liquid is heated below its normal atmospheric boiling temperature, or a process fluid is heated in tubes above or below its normal atmospheric boiling temperature, by the application of fire, the products of combustion, electric power or similar high temperature means;
flammable solution means a liquid, mixture or solution that has a flash point of less than 61°C;
flexible extension cord means a length of flexible cord 1 end of which is terminated in a plug and the other end of which is terminated in a cord extension socket;
flexible supply cord means a flexible cable or cord, for supply purposes, that has 1 end connected to a plug with pins designed to engage with a mains outlet socket, and the other end either—
(a)connected to terminals within the equipment; or
(b)fitted with an appliance connector designed to engage with an appliance inlet socket fitted to the equipment;
forest compartment means a continuous area of forest or plantation surrounded by haul or public roads;
forklift truck means a powered industrial truck equipped with a mast and an elevating load carriage to which is attached a pair of forkarms or another form of loadholding attachment, and includes a truck on which the operator is raised with an attachment for order picking, but does not include a pedestrian operated industrial truck;
foundry work means an operation—
(a)that involves the production of castings by casting metal in moulds made of sand, loam, metal, moulding composition or other material or mixture of materials, or by shell moulding, centrifugal casting or continuous casting; and
(b)in relation to which there occurs the preparation and mixing of materials, the preparation of moulds and cores (but not the making of patterns or dies in a separate room), knockout processes and dressing operations;
friable asbestos‑containing material means—
(a)non‑bonded asbestos fabric; or
(b)material that contains more than 1% asbestos by weight and—
(i)is in the form of powder; or
(ii)may be crumbled, pulverised or reduced to powder by hand pressure when dry;
gantry crane means a crane that has a bridge beam, supported at each end by legs mounted on end carriages, that is capable of travelling on supporting surfaces or deck levels (whether fixed or not) and that has a crab with 1 or more hoisting units that are arranged to travel across the bridge;
gas cylinder means an individual rigid pressure vessel that does not exceed 3 000 litres water capacity, does not have openings or integral attachments on the shell other than at the ends, is designed for the storage or transport of gas under pressure, and is covered by AS 2030 Gas cylinders Code;
gear means a ladder, plank, rope, chain, coupling, fastening, fitting, hoist block, pulley, hanger, sling, brace or other similar movable contrivance used or intended to be used on or in connection with rigging or scaffolding work, but does not include a ladder that exceeds 6 metres in length;
generic name of a substance means a name which describes the category or group of chemicals to which the substance belongs (for example, azo dyes or halogenated aromatic amines);
grinding means the abrading, by means of mechanical power, of an article or a part of an article by means of a wheel, disc or band;
guard means a device that prevents or reduces access to a danger point or area;
haul road means a road or track on, or leading to or from, a logging site, other than a public road;
hazard means the potential to cause injury or illness;
hazardous substance means a substance—
(a)that is listed on the HSIS if the concentration of the substance or its ingredients equals or exceeds the concentration cut-off levels listed on the HSIS that relate to health effects; or
(b)that is determined to be a hazardous substance by the manufacturer or importer of the substance on the basis of NOHSC's Approved Criteria for Classifying Hazardous Substances;
hoist means an appliance by means of which loads may be raised or lowered, and includes an elevating work platform, mast climbing work platform, people or materials hoist, scaffolding hoist and serial hoist, but does not include a lift or building maintenance equipment;
HSIS means the Hazardous Substances Information System published by Safe Work Australia on its website;
hung scaffold means a scaffold that is hung from another structure and that is not capable of being raised or lowered when in use;
importer means a person who imports plant, structures, materials for structures, or substances;
Industrial Commission means the Industrial Relations Commission of South Australia;
Industrial Court means the Industrial Relations Court of South Australia;
industrial lift truck means powered mobile plant, designed to move goods, materials or equipment, equipped with an elevating load carriage and, normally, a load‑holding attachment, but does not include a mobile crane or earthmoving machinery;
industrial robot means a multifunctional manipulator (and its controllers) that is capable of handling materials, parts, tools or specialised devices through variable programmed motions for the performance of a variety of tasks;
infectious substance means a substance that contains an organism that can cause disease;
ingredient means any component of a substance (including any impurity which has been mixed in with the substance);
inspirable fibrous dust means particles of synthetic mineral fibre in the form of inspirable dust described by AS/NZS 3640 Workplace atmospheres - Method for sampling and gravimetric determination of inhalable dust;
installer means a person who installs plant or structures;
interlocked, in relation to plant, means fitted with a connection between a guard or machine element and the control system or power system of the plant that allows access to the moving parts of the plant at times when those parts are not moving and prevents those parts from starting or operating when access is available to them;
laser means a device that can produce or amplify electromagnetic radiation in the wave length range from 100 nanometres to 1 millimetre by the process of controlled stimulated emission, but does not include an electric light globe, fluorescent light tube, electric radiator used for heating, radio or video communication equipment, domestic cooking appliance that uses a high powered lamp, or navigation or search light;
laser product means any product or assembly of components which constitutes, incorporates or is intended to incorporate a laser;
lead material or lead compound means metallic lead, a compound of lead, or a substance that contains more than 4% by weight of lead;
lead process means a process by virtue of which a person is or may be exposed to dust, mist, fumes or gases containing a lead material or compound, and includes—
(a)the recovery and casting of lead or a lead compound;
(b)the buffing of lead or a lead compound;
(c)the manipulation, movement or other treatment of particles of metallic lead, molten lead, or a lead compound;
lift means a permanent apparatus (or apparatus intended to be permanent) that is in or attached to a building or structure and by means of which persons, goods or materials may be raised or lowered within or on a car, cage or platform and the movement of which is restricted by a guide or guides, and includes an apparatus in the nature of a chairlift, escalator, moving walk or stairway lift, and any supporting structure, machinery, equipment, gear, lift‑well, enclosure and entrance;
logging site means a forest, plantation or other place where persons carry out logging work;
logging tractor means a vehicle used in, or for the purposes of—
(a)land clearing operations; or
(b)harvesting operations; or
(c)snigging or skidding; or
(d)pre‑hauling; or
(e)loading or unloading logs onto or from a vehicle; or
(f)constructing a haul road,
but does not include a road transport vehicle;
logging work means work associated with obtaining timber from a forest or plantation and includes—
(a)felling, cross‑cutting or snigging or skidding any tree or part of a tree;
(b)all forms of forest processing;
(c)pre‑hauling;
(d)loading or unloading logs onto or from a vehicle;
(e)transporting logs on a vehicle;
lower explosive limit (LEL) in relation to a flammable contaminant means the concentration of the contaminant in air below which the propagation of a flame does not occur on contact with an ignition source;
lux means the unit of illuminance;
manual handling means an 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;
manufacturer means a person who manufactures plant, structures, materials for the purpose of a structure, or substances;
mast climbing work platform means a hoist with a working platform that is used for temporary purposes to raise people or materials to a working position by means of a drive system mounted on an extendable mast (including such a mast tied to a building);
material includes any substance;
minimise means to reduce to the lowest level that is reasonably practicable to achieve;
mobile crane means a crane capable of travelling over a supporting surface without the need for a fixed runway or track and relying only on gravity for stability and, accordingly, does not have a vertical restraining connection between itself and the supporting surface nor a horizontal restraining connection (other than frictional forces at the supporting surface level) to act as an aid to stability;
MSDS means a Material Safety Data Sheet prepared in accordance with the requirements of Part 5 Division 1;
NICNAS summary report means a summary report as defined in the Industrial Chemicals (Notification and Assessment) Act 1989 of the Commonwealth;
NOHSC means the National Occupational Health and Safety Commission;
noise assessment means an assessment, by a suitably qualified or experienced person, of the noise to which employees at a workplace or a part of a workplace are exposed, for the purposes of—
(a)establishing whether or not the noise to which an employee is exposed exceeds, or is likely to exceed, the exposure standard; and
(b)providing information about the noise to which an employee may be exposed that will assist the employer to achieve the exposure standard for noise;
non‑friable asbestos‑containing material means material that contains more than 1% asbestos by weight and in which the asbestos fibres are bonded by cement, vinyl, resin or other similar material;
occupational health service means a service that has essentially preventative functions and is responsible for—
(a)advising on the requirements for establishing and maintaining a safe and healthy working environment that will facilitate optimal physical and mental health in relation to work; or
(b)promoting the adaptation of work to the capabilities of workers in view of their physical and mental health; or
(c)providing vocational rehabilitation, health surveillance, or first aid or emergency treatment;
operator protective device includes a rollover protective structure, falling object protective structure, operator restraining device and seatbelt;
owner in relation to a building or plant means a person who has right of title to, and management of, or control over, the building or plant, and includes a person who is exercising such management or control as an agent of the owner;
personal information includes—
(a)an opinion or observation formed or made in relation to the health of a person; and
(b)the results of an examination or test carried out on, or performed in relation to the health of, a person, and an interpretation or assessment of those results;
plating area means a workroom or an area in a workplace where electroplating is carried on;
pole safety belt has the same meaning as in AS/NZS 1891 Industrial fall‑arrest systems and devices;
power‑driven means driven otherwise than by human or animal power;
prefabricated scaffolding means an integrated system of prefabricated components for a scaffold that is manufactured so that the geometry of the scaffold, when assembled, is pre‑determined;
pre‑hauling means the movement of logs from the place where felling occurs to the place where logs are loaded onto a road transport vehicle;
presence sensing safeguarding system includes—
(a)a sensing system that employs 1 or more forms of radiation that are either self‑generated or otherwise generated by pressure; and
(b)the interface between the final switching devices of such a sensing system and the machine primary control elements; and
(c)a machine stopping capability that brings the dangerous parts of a machine to a safe state if the presence of a person (or part of a person) is detected within the sensing field;
pressure equipment means—
(a)a boiler; or
(b)a pressure vessel; or
(c)a pressure piping,
that is specifically covered by AS/NZS 1200 Pressure equipment and has a hazard level A, B, C or D according to the criteria specified in AS 4343 Pressure equipment ‑ Hazard levels;
pressure piping means an assembly (other than a boiler or a pressure vessel or pipeline regulated under other legislation) consisting of pipes, pipe fittings, valves and pipe accessories which are subject to internal or external pressure and used to contain or convey fluid, or to transmit fluid pressure, and includes a distribution header, bolting, gasket, pipe support or pressure retaining accessory;
pressures means pressures expressed as gauge pressures relative to atmospheric pressure;
pressure vessel means a vessel (other than a boiler) that is subject to internal or external pressure greater than atmospheric pressure and includes an interconnected part, component, valve, gauge or other fitting up to the first point of connection to any piping, and a fired heater or gas cylinder;
product name, of a hazardous 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 a place to which the public ordinarily have access (even if by payment of a fee);
raw asbestos means asbestos as mined or subsequently processed to remove impurities, or to modify its physical properties, but does not include asbestos that has been mixed or combined with another substance, or that has been converted into a manufactured article or product;
R.C.D. means a residual current device as defined in AS/NZS 3760 In‑service safety inspection and testing of electrical equipment;
record includes anything in which information is stored or from which information may be reproduced;
repair, in relation to plant, means to restore plant to an operating condition, but does not include routine maintenance, replacement or alteration;
respirable fibre means a particle of synthetic mineral fibre that has—
(a)a diameter less than 3 micrometres; and
(b)a length greater than 5 micrometres; and
(c)a length to width ratio greater than 3:1;
retailer means a person who sells substances to other persons who themselves are not engaged in any further resale of the goods;
retail warehouse operator means a person who operates a warehouse where unopened packaged goods intended for retail sale are held;
revoked regulations means the Occupational Health, Safety and Welfare Regulations 1995;
risk means the probability and consequences of occurrence of injury or illness;
risk assessment means the process of evaluating the probability and consequences of injury or illness arising from exposure to an identified hazard or hazards;
risk phrase means a phrase that describes the hazards of a substance, as provided in NOHSC's Approved Criteria for Classifying Hazardous Substances;
rumbling means the freeing of adherent sand from metal castings by rotating the castings in a revolving vessel;
safety harness has the same meaning as in AS/NZS 1891 Industrial fall‑arrest systems and devices;
safety phrase means a phrase that describes the procedures for the safe handling or storage of a substance, or the use of personal protective equipment in conjunction with a substance, as provided in NOHSC's Approved Criteria for Classifying Hazardous Substances;
scaffold means a temporary structure specifically erected to support 1 or more access or working platforms;
scaffolding equipment means a component, assembly or machine used or intended to be used in the construction of a scaffold;
self‑employed person means a person who works for gain or reward otherwise than under a contract of employment or apprenticeship, whether or not that person employs 1 or more other persons;
skylight means a part of a roof of a building that is designed to allow light into the building;
spray painting means a process in which—
(a)molten or powdered metal; or
(b)a form of paint, enamel, varnish, shellac or liquid containing nitrocellulose, or a mixture of these materials; or
(c)a flammable, injurious or toxic substance,
is applied to an object by spraying;
spur scaffold means a scaffold that is partially supported by inclined load bearing members;
structure includes part of a structure;
supplier—
(a)in relation to plant, structures or materials for structures—means a person who supplies plant or materials by way of sale, lease, exchange or hire, whether as a principal or agent, and includes an importer, wholesaler, distributor and retailer;
(b)in relation to a substance—means a manufacturer, importer, wholesaler or distributor of the substance, but does not include a retailer;
suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use, and includes a boatswain's chair;
synthetic mineral fibre means—
(a)mineral wool, including rockwool and slagwool; and
(b)glassfibre, including superfine glassfibre, glasswool and reinforcing filament; and
(c)ceramic fibre;
temporarily erected structure means a temporary structure, other than a scaffold;
tower crane means a boom or jib crane mounted on a tower structure;
tractor means a motor vehicle, whether wheeled or track mounted, that is designed to provide power and movement to an attached machine or implement by a transmission shaft, belt or linkage system, but does not include earthmoving machinery;
trench means an excavation the length of which exceeds its depth or width;
trenching means excavation work to form a trench for the purposes of laying, maintaining, repairing or replacing conduits, pipes or cables;
use—
(a)in relation to plant—means to work from, operate, maintain, inspect or clean plant; and
(b)in relation to a substance—means the production, handling, storage, transportation or disposal of the substance;
vehicle hoist means a vehicle‑hoisting device the purpose of which is to provide accessibility for an under‑chassis examination or servicing of the vehicle;
wet abrasive blasting means abrasive blasting where water has been added to the abrasive material or its propellant;
wet abrasive blasting inhibitors means a substance added to water used in wet abrasive blasting to reduce the susceptibility of the cleaned surface to flash corrosion;
work box means a personnel carrying device, designed for attachment to a crane, to provide a working area for a person who is elevated by, and works from, the box;
workpiece means material, offcut or scrap (in any form) on which an item of plant is doing work, or any material, offcut or scrap (in any form) produced by an item of plant, but does not include a load being lifted or moved by the plant.
(2)A reference in these regulations to a document (including a code of practice) prepared or published by a body or authority will be taken as a reference to that document as in force from time to time, and if that document is revoked and remade (with or without modifications) includes a reference to the new document in force from time to time.
(3)If an inconsistency exists between a provision of these regulations and a document referred to in these regulations, the provision prevails over the document to the extent of the inconsistency.
(4)If—
(a)a building conforms with the requirements of the Building Rules under the Development Act 1993 with respect to a particular matter; and
(b)these regulations impose different requirements in relation to the same matter,
then these regulations will not apply to the extent of the inconsistency.
(5)A reference in these regulations to an exposure standard for an atmospheric contaminant is a reference to the relevant exposure standard prescribed by, and measured in accordance with, the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment published by NOHSC.
(6)A reference in these regulations to the President of the Industrial Court is a reference to the principal judicial officer of that Court.
Note—
Section 4 of the Occupational Health, Safety and Welfare Act 1986 sets out various definitions which may be relevant to the interpretation and operation of these regulations.
Division 2—Responsibilities under regulations
4—Employers
(1)Subject to any express provision in a particular regulation to the contrary, an employer must, in respect of the health, safety or welfare of his or her employees, and the health or safety of any other person who could be adversely affected by the performance of work, ensure compliance with any regulation that, pursuant to regulation 17 and Schedule 1, applies to employers.
(2)In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)a provision of these regulations that specifically applies to employers,
whether by the employer, an employee or a person engaged to perform work for the employer, the employer is guilty of an offence.
Maximum penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
5—Employees
(1)Subject to any express provision in a particular regulation to the contrary, an employee must, insofar as is within the employee's control (but without derogating from any common law right)—
(a)do all such things as are required of him or her by the employer to ensure compliance with these regulations; and
(b)use any plant, equipment, clothing, or other items or materials provided under or in accordance with these regulations; and
(c)ensure that he or she is not, by the consumption of alcohol or a drug, in such a state as to endanger his or her own safety at work or the safety of any other person; and
(d)without derogating from the operation of paragraphs (a), (b) and (c), comply with any regulation that, pursuant to regulation 17 and Schedule 1, applies to employees.
(2)In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to employees,
the employee is guilty of an offence.
Maximum penalty: Division 7 fine.
6—Self‑employed persons
(1)Subject to any express provision in a particular regulation to the contrary, a self‑employed person must, in respect of his or her own health or safety while at work, and the health or safety of any other person who could be adversely affected by the performance of work, insofar as is relevant to the performance of work by the self‑employed person and within his or her control, comply with any regulation that, pursuant to regulation 17 and Schedule 1, applies to self‑employed persons.
(2)In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to self‑employed persons,
the self‑employed person is guilty of an offence.
Maximum penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
7—Occupiers of workplaces
(1)Subject to any express provision in a particular regulation to the contrary, the occupier of a workplace must, insofar as is relevant to health, safety or welfare at the workplace, ensure compliance with any regulation that, pursuant to regulation 17 and Schedule 1, applies to occupiers of workplaces.
(2)In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to the occupiers of workplaces,
the occupier is guilty of an offence.
Maximum penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
8—Owners of buildings
(1)Subject to any express provision in a particular regulation to the contrary, the owner of a building, other than domestic premises, that comprises or includes a workplace must, insofar as may be relevant to health, safety or welfare in, on or about the building, ensure compliance with any regulation that, pursuant to regulation 17 and Schedule 1, applies to the owners of buildings.
(2)In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to the owners of buildings,
the owner is guilty of an offence.
Maximum penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
9—Owners of plant
(1)Subject to any express provision in a particular regulation to the contrary, a person who is the owner of any plant—
(a)that is used in a workplace; or
(b)to which the Act extends by virtue of Schedule 2 of the Act,
must, insofar as is relevant to any such plant, ensure compliance with any regulation that, pursuant to regulation 17 and Schedule 1, applies to the owners of plant.
(2)In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to persons who are the owners of plant,
the person is guilty of an offence.
Maximum penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
(3)For the purposes of this regulation and Schedule 1, a reference to an owner of plant will be taken to include a reference to any proprietor of an amusement structure under Part 4.
10—Designers of buildings
(1)Subject to any express provision in a particular regulation to the contrary, a person who designs a building, other than domestic premises, that is reasonably expected to comprise or include a workplace must, insofar as may be relevant to health, safety or welfare in, on or about the building, ensure compliance with any regulation that, pursuant to regulation 17 and Schedule 2, applies to the designers of buildings.
(2)In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to persons who design buildings,
the person is guilty of an offence.
Maximum penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
11—Designers of plant or structures
(1)Subject to any express provision in a particular regulation to the contrary, a person who designs any—
(a)plant—
(i)for use at work; or
(ii)to which the Act extends by virtue of Schedule 2 of the Act; or
(b)structure,
must, insofar as is relevant to any such plant or structure, ensure compliance with any regulation that, pursuant to regulation 17 and Schedule 2, applies to the designers of plant or structures.
(2)In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to persons who design plant or structures,
the person is guilty of an offence.
Maximum penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
12—Manufacturers
(1)Subject to any express provision in a particular regulation to the contrary, a person who manufactures any—
(a)plant—
(i)for use at work; or
(ii)to which the Act extends by virtue of Schedule 2 of the Act; or
(b)structure; or
(c)materials to be used for the purpose of a structure; or
(d)substance for use at work,
must, insofar as is relevant to any such plant, structure, materials or substance, ensure compliance with any regulation that, pursuant to regulation 17 and Schedule 2, applies to manufacturers.
(2)In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to persons who manufacture plant, structures, materials or substances,
the person is guilty of an offence.
Maximum penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
13—Suppliers
(1)Subject to any express provision in a particular regulation to the contrary, a person who supplies any—
(a)plant—
(i)for use at work; or
(ii)to which the Act extends by virtue of Schedule 2 of the Act; or
(b)structure; or
(c)materials to be used for the purpose of a structure; or
(d)substance for use at work,
must, insofar as is relevant to any such plant, structure, materials or substance, ensure compliance with any regulation that, pursuant to regulation 17 and Schedule 2, applies to suppliers.
(2)In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to persons who supply plant, structures, materials or substances,
the person is guilty of an offence.
Maximum penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
14—Importers
(1)Subject to any express provision in a particular regulation to the contrary, a person who imports any—
(a)plant—
(i)for use at work; or
(ii)to which the Act extends by virtue of Schedule 2 of the Act; or
(b)structure; or
(c)materials to be used for the purpose of any structure; or
(d)substance for use at work,
must, insofar as is relevant to any such plant, structure, materials or substance, ensure compliance with any regulation that, pursuant to regulation 17 and Schedule 2, applies to importers.
(2)In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to persons who import plant, structures, materials or substances,
the person is guilty of an offence.
Maximum penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
15—Installers or erectors of plant or structures
(1)Subject to any express provision in a particular regulation to the contrary, a person who installs or erects any—
(a)plant—
(i)at a workplace; or
(ii)to which the Act extends by virtue of Schedule 2 of the Act; or
(b)structure,
must, insofar as is relevant to any such plant or structure, ensure compliance with any regulation that, pursuant to regulation 17 and Schedule 2, applies to installers or erectors.
(2)In the event of a contravention of, or failure to comply with—
(a)subregulation (1); or
(b)any other regulation that specifically applies to persons who install or erect plant or structures,
the person is guilty of an offence.
Maximum penalty:
(a)if the relevant regulation prescribes a penalty—that penalty;
(b)in any other case—a Division 6 fine.
16—Other persons
(1)A person must not wilfully or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in accordance with a requirement under these regulations and, in particular, must comply with any regulation that, pursuant to regulation 17 and Schedule 1, applies to "other persons".
(2)In the event of a contravention of subregulation (1), the person is guilty of an offence.
17—Specification of responsibilities
(1)For the purposes of the operation of these regulations, a regulation referred to in the first column of Schedule 1 or Schedule 2 will, subject to any qualification contained in the relevant Schedule, apply to the person or persons who fall within the various categories indicated by the tick or ticks, or words, that appear in the same row of the Schedule as the reference to the regulation.
(2)Subregulation (1) (and Schedule 1 and Schedule 2) are subject to an express provision in a regulation that places a specific duty or responsibility on a person of a specified class.
(3)Subject to an express provision in a particular regulation to the contrary, if more than 1 person is under an obligation to comply with a regulation each person is required to comply with the regulation to its full extent and without regard to the fact that another person or persons are also under an obligation to comply with the regulation.
(4)The delegation of a duty or responsibility created or defined by a regulation does not excuse a person to whom the regulation applies by virtue of subregulation (1) from any non-compliance with the regulation.
18—General defence
It is a defence to a charge for an offence against these regulations for the accused to prove that the offence relates to a matter over which the accused did not have control and could not reasonably have been expected to have control.
Division 3—General principles for implementation of regulations
Subdivision 1—Responsibilities of employers
19—Consultation
(1)An employer must, in relation to the implementation of these regulations, consult with any relevant health and safety representative and health and safety committee where the implementation of these regulations requires a change to a workplace, work process, policy or procedure which may affect the health, safety or welfare of an employee at work.
(2)Without derogating from subregulation (1), in complying with the identification, assessment and control provisions of these regulations, an employer must—
(a)consult with any health and safety representative who represents an employee who is required to carry out the relevant work; and
(b)consult with any health and safety committee that has responsibility in relation to an employee who is required to carry out the relevant work; and
(c)if there is no health and safety representative or health and safety committee with which consultation can occur under paragraph (a) or (b), consult, so far as is reasonably practicable, with the particular employee or employees who are required to carry out the relevant work; and
(d)if an employee who is required to carry out the relevant work is a member of a registered association—
(i)at the request of a health and safety representative who represents the employee; or
(ii)if the employee is not represented by a health and safety representative, at the request of the employee,
invite the registered association to consult with the employer in relation to the performance of the work; and
(e)if an invitation under paragraph (d) is accepted—consult with the registered association.
(3)For the purposes of this regulation, consultation involves the sharing of information and the exchange of views between employers and the persons or bodies that must be consulted and the genuine opportunity for them to contribute effectively to any decision‑making process to eliminate or control risks to health or safety.
(4)An employer who contravenes or fails to comply with this regulation is guilty of an offence.
Maximum penalty: Division 6 fine.
(5)If—
(a)an employer must, in order to comply with the requirements of this regulation, disclose information which—
(i)relates to a trade secret; or
(ii)is held by the employer on a confidential basis; and
(b)the employer, at the time that he or she discloses the information, declares that the information is confidential,
a person to whom the information is disclosed (either by the employer or by another person) must not (if he or she is aware of the confidential nature of the information) communicate the information to a third person unless—
(c)—
(i)that third person is directly involved in the consultation process; or
(ii)the disclosure of the information is necessary to protect the health, safety or welfare of another person; or
(iii)the disclosure is—
(A)necessary for the proper performance of an official duty; or
(B)made with the consent of the employer; or
(C)required by a court or tribunal constituted by law; and
(d)the person—
(i)informs the third person that the information is confidential information supplied for the purposes of these regulations; and
(ii)takes such other steps as are reasonable in the circumstances of the particular case to protect the confidentiality.
20—Hazard identification and risk assessment
(1)An employer must, in relation to the implementation of these regulations, ensure that appropriate steps are taken to identify all reasonably foreseeable hazards arising from work which may affect the health or safety of employees or other persons at the workplace.
(2)If a hazard is identified under subregulation (1), an employer must ensure that an assessment is made of the risks associated with the hazard.
(3)In carrying out an assessment under subregulation (2), an employer must, as far as is reasonably practicable, determine a method of assessment that adequately addresses the hazards identified, and includes 1, or a combination of 2 or more, of the following:
(a)a visual inspection;
(b)auditing;
(c)testing;
(d)technical or scientific evaluation;
(e)an analysis of injury and near‑miss data;
(f)discussions with designers, manufacturers, suppliers, importers, employers, employees or other relevant parties;
(g)a quantitative hazard analysis.
(4)Without limiting the operation of subregulations (1) and (2), the identification of hazards and the assessment of associated risks must be undertaken—
(a)before the introduction of any plant or substance;
(b)before the introduction of a work practice or procedure;
(c)before changing the workplace, a work or work practice, or an activity or process, where to do so may give rise to a risk to health or safety.
(5)An employer who contravenes or fails to comply with this regulation is guilty of an offence.
Maximum penalty: Division 6 fine.
(6)This regulation does not derogate from the operation of any other regulation that expressly provides for the identification of hazards or the assessment of risks to the health or safety of a person at work.
21—Control of risk
(1)An employer must, on the basis of a risk assessment under regulation 20, ensure that any risks to health or safety arising out of work are eliminated or, where that is not reasonably practicable, minimised.
(2)An employer must, in the implementation of subregulation (1), ensure that the minimisation of any risk is achieved by the application of the following hierarchy of control measures:
(a)firstly, the application, so far as is reasonably practicable, of engineering controls, including substitution, isolation, modifications to design and guarding and mechanical ventilation;
(b)secondly, if steps taken under paragraph (a) do not minimise the risk, the application, so far as is reasonably practicable, of administrative controls, including safe work practices;
(c)thirdly, if steps taken under paragraphs (a) and (b) do not minimise the risk, the provision of appropriate personal protective equipment.
(3)An employer who contravenes or fails to comply with this regulation is guilty of an offence.
Maximum penalty: Division 6 fine.
(4)This regulation does not derogate from the operation of any other regulation that expressly provides for the control of risks to the health or safety of a person at work.
22—Information, instruction and training
(1)An employer must, in relation to the implementation of these regulations, ensure that an employee receives suitable and adequate information, instruction and training for any task that he or she may be required to perform at work.
(2)For the purposes of this regulation—
(a)the amount of information, instruction and training (if any) required, and the time at which it must be provided, will be assessed according to the nature of the risks associated with the particular task; and
(b)the information, instruction and training must be reviewed and revised at reasonable intervals; and
(c)the information, instruction and training must be provided in a language that is appropriate to the relevant employee; and
(d)records must be kept (for a period of 5 years from the date of the last entry in them) in relation to the provision of information, instruction and training where the work involves any plant, substances or activity that is a risk to health or safety.
(3)An employer who contravenes or fails to comply with this regulation is guilty of an offence.
Maximum penalty: Division 6 fine.
(4)This regulation does not derogate from the operation of any other regulation that expressly provides for the provision of information, instruction or training in relation to the performance of any work.
23—Induction to new work
(1)An employer must, in relation to the implementation of these regulations, ensure that an employee receives suitable and adequate assistance in the performance of any task not previously undertaken by the employee.
(2)For the purposes of this regulation—
(a)the amount of assistance (if any) required, and the time at which the assistance must be provided, will be assessed according to the nature and degree of the risks associated with the particular task; and
(b)the assistance required includes, depending on what is reasonable in the circumstances of the particular case—
(i)the provision of proper information, instruction and training before the employee undertakes the task; and
(ii)the provision of appropriate supervision until the employee is reasonably competent to undertake the task without causing a risk to the health or safety of himself, herself or another.
(3)An employer who contravenes or fails to comply with this regulation is guilty of an offence.
Maximum penalty: Division 6 fine.
(4)This regulation does not derogate from the operation of any other regulation that expressly provides for the provision of information, instruction, training or supervision in relation to the performance of any work.
24—Supervision
(1)An employer must, in relation to the implementation of these regulations, ensure that an employee is provided with suitable and adequate supervision to ensure his or her health and safety at work.
(2)For the purposes of this regulation—
(a)the amount of supervision (if any) required, and the time at which it must be provided, will be assessed according to the nature of the risks at work; and
(b)the supervision must be—
Schedule 2—Responsibilities of designers, manufacturers, importers, suppliers and installers/erectors
| DESIGNERS | MANUFACTURERS | IMPORTERS | SUPPLIERS | INSTALLERS ERECTORS | |||||||||
| BUILDINGS | PLANT & STRUCTURES | PLANT & MATERIALS FOR STRUCTURES | SUBSTANCES | PLANT & MATERIALS FOR STRUCTURES | SUBSTANCES | PLANT & MATERIALS FOR STRUCTURES | SUBSTANCES | PLANT & STRUCTURES | |||||
| TYPE OF DUTY (Note— The information on the type of duty is for guidance only and does not form a part of the Schedule) | Ensure safety of design | Design, testing, information | Ensure safety of manufacture, testing, information | Ensure safety of manufacture, testing, information | Ensure safety of design, manufacture, testing, information | Ensure safety of manufacture, testing, information | Ensure safety of plant etc information | Ensure safety of substances, information | Ensure safety of plant & structures | ||||
| PART A | PART B | |||||||||||||||||||
| DESIGNERS | MANUFACTURERS | IMPORTERS | SUPPLIERS | INSTALLERS ERECTORS | ||||||||||||||||
| REGULATION | BUILDINGS | PLANT & STRUCTURES | PLANT & MATERIALS FOR STRUCTURES | SUBSTANCES | PLANT & MATERIALS FOR STRUCTURES | SUBSTANCES | PLANT & MATERIALS FOR STRUCTURES | SUBSTANCES | PLANT & STRUCTURES | |||||||||||
| PART 1 DIVISION 1 1 – 3 Preliminary | No responsibilities prescribed | |||||||||||||||||||
| PART 1 DIVISION 2 4 – 18 Responsibilities | Responsibilities are placed on specified persons under these regulations | |||||||||||||||||||
| PART 1 DIVISION 3 19 – 26 Gen Principles | Responsibilities are placed on specified persons under these regulations | |||||||||||||||||||
| PART 2 DIVISION 1 27 Access & egress | ü | ü | ||||||||||||||||||
| PART 2 DIVISION 2 28 – 33 Facilities | ü | |||||||||||||||||||
| 34 Drinking water | ü | |||||||||||||||||||
| 35 Arrangements for sickness | ü | |||||||||||||||||||
| 36 Seating | ü | |||||||||||||||||||
| PART 2 DIVISION 3 37 Buildings etc - Application | ü | |||||||||||||||||||
| 38 Floors | ü | |||||||||||||||||||
| 39 Fragile roofing materials | ü | |||||||||||||||||||
| 40 Space per person | ü | |||||||||||||||||||
| PART 2 DIVISION 4 41 Conf. spaces - Preliminary | ü | ü | ü | ü | ü | ü | ||||||||||||||
| 42 Design, manuf, supply etc | ü | ü | ü | ü | ü | ü | ||||||||||||||
| 43 – 48 Risk assess, control etc | ||||||||||||||||||||
| PART 2 DIVISION 5 49 Preliminary | ü | ü | ü | ü | ü | ü | ||||||||||||||
| 50 Work in vicinity of electrical hazards | ü | |||||||||||||||||||
| 51 Competency requirements | ü | |||||||||||||||||||
| 52 Electrical installations etc | ü | ü | ü | ü | ü | ü | ||||||||||||||
| 53 General requirements for hazard identification at the workplace | ||||||||||||||||||||
| 54 Electrical installations—Hazard identification, risk assessment and control of risk | ü | ü | ü | ü | ü | ü | ||||||||||||||
| 55 Inspection and testing of electrical plant | ||||||||||||||||||||
| 56 Provision of R.C.D.s | ü | ü | ü | |||||||||||||||||
| 57 Testing and maintenance of R.C.D.s | ||||||||||||||||||||
| PART 2 DIVISION 6 58 Emergency etc - Preliminary | ü | ü | ||||||||||||||||||
| 59 Exits, procedures, training | ü | |||||||||||||||||||
| 60 Emergency facilities | ü | ü | ü | ü | ü | ü | ||||||||||||||
| 61 Rescue arrangements | ||||||||||||||||||||
| PART 2 DIVISION 7 62 Fire prevention | ü | ü | ||||||||||||||||||
| PART 2 DIVISION 8 63 Lighting | ü | ü | ü | ü | ü | ü | ||||||||||||||
| PART 2 DIVISION 9 64 Manual Hand - Prelim | ü | |||||||||||||||||||
| 65 Design | ü | ü | ü | ü | ü | ü | ||||||||||||||
| 66 – 68 Risk assess/control | ||||||||||||||||||||
| PART 2 DIVISION 10 69 Noise - Preliminary | ü | ü | ü | ü | ü | ü | ||||||||||||||
| 70 Design, manuf, sup, imp | ü | ü | ü | ü | ü | ü | ||||||||||||||
| 71 – 72 Risk assess/control | ||||||||||||||||||||
| PART 2 DIVISION 11 73 Occ health & first aid | ü | |||||||||||||||||||
| PART 2 DIVISION 12 74 Personal protection | ü | ü | ü | ü | ||||||||||||||||
| 75 Use of air supply respir. | ü | ü | ü | ü | ||||||||||||||||
| PART 2 DIVISION 13 76 Prevention of falls | ü | ü | ü | ü | ü | ü | ||||||||||||||
| PART 2 DIVISION 14 77 Remote or isolated work | ü | ü | ||||||||||||||||||
| PART 2 DIVISION 15 78 Storage | ü | ü | ü | |||||||||||||||||
| PART 2 DIVISION 16 79 Traffic control | ü | ü | ||||||||||||||||||
| PART 2 DIVISION 17 80 Ventilation | ü | ü | ü | ü | ü | ü | ||||||||||||||
| PART 2 DIVISION 18 81 Cleanliness & hygiene | ||||||||||||||||||||
| PART 3 DIVISION 1 82 – 87 Plant - Preliminary | ü | ü | ü | ü | ü | |||||||||||||||
| PART 3 DIVISION 2 88 – 90 Duties - designers | ü | ü | ||||||||||||||||||
| 91 – 94 Duties - manufacturers | ü | ü | ||||||||||||||||||
| 95 – 97 Duties - importers | ü | |||||||||||||||||||
| 98 – 99 Duties - suppliers | ü | |||||||||||||||||||
| 100 – 101 Duties - installers/erectors | ü | |||||||||||||||||||
| 102 – 134 Duties - empl etc | ü | |||||||||||||||||||
| PART 3 DIVISION 3 135 Hazard identification | ü | ü | ü | ü | ü | |||||||||||||||
| 136 Risk assessment | ü | ü | ü | ü | ü | |||||||||||||||
| 137 Control of risk | ü | ü | ü | ü | ü | |||||||||||||||
| PART 3 DIVISION 4 138 Preliminary | ü | ü | ||||||||||||||||||
| 139 Registration plant design | ü | ü | ||||||||||||||||||
| 140 – 144 Other matters | Person having management of the plant | |||||||||||||||||||
| PART 4 DIVISION 1 145 – 148 | ü | ü | ü | ü | ü | |||||||||||||||
| PART 4 DIVISION 2 149 – 151 Duties - designers | ü | ü | ü | |||||||||||||||||
| 152 – 155 Duties - manufacturers | ü | ü | ||||||||||||||||||
| 156 Duties - importers | ü | |||||||||||||||||||
| 157 – 158 Duties - suppliers | ü | |||||||||||||||||||
| PART 4 DIVISION 3 159 Duties of proprietor | ||||||||||||||||||||
| 160 Erection or installation | ü | ü | ||||||||||||||||||
| 161 – 163 Other matters | ||||||||||||||||||||
| 164 Maintenance and periodic inspections | ü | |||||||||||||||||||
| 165 Repairs and alterations | ü | |||||||||||||||||||
| 166 Dismantling and storage | ü | |||||||||||||||||||
| 167 Additional requirements | ||||||||||||||||||||
| PART 4 DIVISION 4 | ü | ü | ü | ü | ü | |||||||||||||||
| PART 4 DIVISION 5 | ||||||||||||||||||||
| PART 5 DIVISION 1 179 – 181 Haz substances - Preliminary | ü | ü | ü | |||||||||||||||||
| 182 – 186 Suppliers | ü | ü | ü | |||||||||||||||||
| 187 – 198 Employers etc | ||||||||||||||||||||
| PART 5 DIVISION 2 199 Asbestos - Preliminary | ü | ü | ü | ü | ü | ü | ü | ü | ü | |||||||||||
| 200 Provision of information | ü | ü | ü | ü | ü | ü | ü | ü | ü | |||||||||||
| 201 Exposure standards | ü | ü | ü | ü | ü | ü | ü | ü | ü | |||||||||||
| 202 Licence - asb. removal | ü | |||||||||||||||||||
| 203 Suspension of work | ||||||||||||||||||||
| 204 Prohibited processes | ü | ü | ü | ü | ü | ü | ü | ü | ü | |||||||||||
| 205 – 208 Duties etc | ü | |||||||||||||||||||
| 209 Personal Safety | ü | |||||||||||||||||||
| 210 Chrysotile asbestos | ü | ü | ü | ü | ü | ü | ü | ü | ü | |||||||||||
| PART 5 DIVISION 3 211 Lead - Purpose | ü | ü | ü | ü | ü | ü | ü | |||||||||||||
| 212 Work area | ü | ü | ü | ü | ü | |||||||||||||||
| 213 Furniture & equipment | ü | ü | ü | ü | ü | |||||||||||||||
| 214 Atmospheric contaminants | ü | ü | ü | ü | ||||||||||||||||
| 215 Amenities | ü | ü | ||||||||||||||||||
| 216 Safe procedures | ||||||||||||||||||||
| 217 Personal prot. equipment | ||||||||||||||||||||
| PART 5 DIVISION 4 218 – 219 Synth mineral fibres | ü | ü | ü | ü | ||||||||||||||||
| PART 6 DIVISION 1 220 Abrasive blast - Purpose | ü | ü | ü | ü | ü | ü | ||||||||||||||
| 221 Prohibited operations | ||||||||||||||||||||
| 222 Abrasive blast equipment | ü | ü | ü | ü | ü | |||||||||||||||
| 223 Blasting chambers etc | ü | ü | ü | ü | ü | |||||||||||||||
| 224 Safety & maintenance | ü | ü | ü | ü | ü | |||||||||||||||
| 225 Abrasive blast - outside | ||||||||||||||||||||
| 226 Personal prot equip etc | ü | ü | ü | |||||||||||||||||
| PART 6 DIVISION 2 227 Demolition - Prelim | ü | ü | ü | |||||||||||||||||
| 228 Risk assess & control | ü | ü | ü | |||||||||||||||||
| 229 Prevention of access etc | ü | ü | ü | |||||||||||||||||
| 230 Overhead protection | ü | ü | ü | |||||||||||||||||
| 231 Working on fragile roof | ü | ü | ü | |||||||||||||||||
| 232 Use of existing stairs etc | ü | ü | ü | |||||||||||||||||
| 233 Emergency measures | ü | ü | ü | |||||||||||||||||
| 234 Protection of public | ü | ü | ü | |||||||||||||||||
| 235 Approval - demolition | ü | |||||||||||||||||||
| PART 6 DIVISION 3 236 Diving - Purpose | ü | ü | ü | ü | ü | |||||||||||||||
| 237 Interpretation | ü | ü | ü | ü | ü | |||||||||||||||
| 238 General requirements | ü | ü | ü | ü | ü | |||||||||||||||
| PART 6 DIVISION 4 239 Electroplating - Purpose | ü | ü | ü | ü | ü | ü | ü | ü | ||||||||||||
| 240 Work area | ü | ü | ||||||||||||||||||
| 241 Storage of haz subs | ü | ü | ü | ü | ü | ü | ü | ü | ü | |||||||||||
| 242 Safety & maintenance | ||||||||||||||||||||
| 243 Atmos contaminants | ü | ü | ü | ü | ü | ü | ||||||||||||||
| 244 Personal prot equip etc | ü | ü | ü | ü | ü | |||||||||||||||
| PART 6 DIVISION 5 245 Excavation wk. - Prelim | ü | |||||||||||||||||||
| 246 – 248 Site report etc | ||||||||||||||||||||
| PART 6 DIVISION 6 249 Foundry work - Prelim | ü | ü | ü | ü | ü | ü | ||||||||||||||
| 250 Work area | ü | ü | ||||||||||||||||||
| 251 Equipment & materials | ü | ü | ü | ü | ü | |||||||||||||||
| 252 Atmos contaminants | ü | ü | ü | ü | ü | ü | ||||||||||||||
| 253 Moulding & casting | ü | ü | ü | |||||||||||||||||
| 254 Rumbling | ü | ü | ü | ü | ü | ü | ||||||||||||||
| 255 Personal prot equip etc | ü | ü | ü | ü | ü | |||||||||||||||
| PART 6 DIVISION 7 256 Logging - Purpose | ü | ü | ü | ü | ü | |||||||||||||||
| 257 – 259 Alloc. of work etc | ||||||||||||||||||||
| 260 Felling/cross-cutting | ||||||||||||||||||||
| 261 Snigging/skidding | ||||||||||||||||||||
| 262 Warning signs | ||||||||||||||||||||
| 263 Equip & machinery | ü | ü | ü | ü | ||||||||||||||||
| 264 Log transportation | ü | ü | ü | ü | ||||||||||||||||
| 265 Haul roads | ü | |||||||||||||||||||
| 266 Personal prot equip etc | ü | ü | ü | ü | ||||||||||||||||
| PART 6 DIVISION 8 267 Spray paint - Purpose | ü | ü | ü | ü | ü | ü | ü | ü | ü | |||||||||||
| 268 Work area | ü | ü | ü | |||||||||||||||||
| 269 – 270 Booths | ü | ü | ü | ü | ü | |||||||||||||||
| 271 Safe work & maint. | ||||||||||||||||||||
| 272 Personal protective equipment | ü | ü | ü | ü | ü | |||||||||||||||
| PART 6 DIVISION 9 273 Welding purpose | ü | ü | ü | ü | ü | ü | ü | ü | ü | |||||||||||
| 274 Work area | ü | ü | ||||||||||||||||||
| 275 Use of manifolds | ü | ü | ü | ü | ü | ü | ü | ü | ü | |||||||||||
| 276 Personal protective equipment etc | ü | ü | ü | ü | ü | ü | ü | ü | ||||||||||||
| PART 6 DIVISION 10 277 Construction Work | ||||||||||||||||||||
| PART 6 DIVISION 11 281 - 282 Preliminary | ü | |||||||||||||||||||
| 283 Siting of flares | ü | |||||||||||||||||||
| 284 Reg. of certain practices | ||||||||||||||||||||
| 285 Blowout prevention | ü | |||||||||||||||||||
| 286 Blowout prevention closing units | ü | |||||||||||||||||||
| 287 Testing equipment | ||||||||||||||||||||
| 288 Removal of equipment | ü | |||||||||||||||||||
| 289 Training and procedures | ||||||||||||||||||||
| 290 Well drilling fluids | ||||||||||||||||||||
| 291 Operations at night | ü | |||||||||||||||||||
| PART 6 DIVISION 12 292 Preliminary | ü | ü | ||||||||||||||||||
| 293 – 301 | Responsibilities under these regulations lie with other persons | |||||||||||||||||||
| 302 Winches | ü | ü | ||||||||||||||||||
| 303 Shafts and winding | ü | |||||||||||||||||||
| 304 – 305 | Responsibilities under these regulations lie with other persons | |||||||||||||||||||
| 306 – 310 | ü | |||||||||||||||||||
| 311 – 315 | Responsibilities under these regulations lie with other persons | |||||||||||||||||||
| 316 – 341 Explosives | These regulations contain specific provisions concerning responsibilities under the regulations | |||||||||||||||||||
| PART 6 DIVISION 13 | Responsibilities under these regulations lie with other persons | |||||||||||||||||||
| PART 7 DIVISION 1 – 3 | ||||||||||||||||||||
| PART 7 DIVISION 4 382 – 397 Licences etc | ü | |||||||||||||||||||
| PART 7 DIVISION 5 398 – 399 Notif. cert work | ü | |||||||||||||||||||
| PART 7 DIVISION 6 | Miscellaneous application | |||||||||||||||||||
Schedule 3—Plant standards
| AS/NZS 1200 | Pressure equipment |
| AS 1418 | Cranes, hoists and winches |
| AS/NZS 1576 | Scaffolding (Parts 1 to 4) |
| AS 1735 | Lifts, escalators and moving walks |
| AS 2030 | Gas cylinders Code |
| AS/NZS 3509 | LP gas fuels for automotive use |
| AS 4343 | Pressure equipment - Hazard levels |
Schedule 4—Plant designs, and plant, which must be registered
Part 1—Plant requiring registration of design
1Pressure equipment, other than pressure piping
2Gas cylinders covered by AS 2030
3Tower cranes
4Lifts
5Building maintenance units
6Hoists that are designed to lift people and have a platform movement in excess of 2.4 metres, other than scissor elevating work platforms
7Work boxes that are suspended from cranes
8Prefabricated scaffolding
9Boom‑type elevating work platforms
10Gantry cranes—
(a)with a safe working load exceeding 5 tonnes; or
(b)designed to handle molten metal or dangerous goods within the meaning of the ADG Code
11Bridge cranes—
(a)with a safe working load exceeding 10 tonnes; or
(b)designed to handle molten metal or dangerous goods within the meaning of the ADG Code
12Vehicle hoists
13Mast climbing work platforms
14Mobile cranes with a safe working load exceeding 10 tonnes, other than tow‑trucks.
Part 2—Items of plant which must be registered
15Boilers with a hazard level of A, B or C according to the criteria specified in AS 4343
16Pressure vessels with a hazard level of A, B or C according to the criteria specified in AS 4343, other than—
(a)gas cylinders covered by AS 2030; and
(b)LP gas fuel vessels for automotive use covered by AS 3509; and
(c)serial produced vessels covered by AS 2971
17Tower cranes
18Lifts
19Building maintenance units
20Concrete placing units (truck mounted with boom)
21Mobile cranes with a safe working load exceeding 10 tonnes.
Schedule 5—Hazardous substances prohibited for specified uses
| Hazardous substance | Prohibited use |
| Asbestos work | |
| Raw asbestos | All use or handling other than for the purpose of sampling or analysis |
| Any product that consists of or contains asbestos | All use or handling except handling of installed asbestos for maintenance purposes, removal, encapsulation or enclosure in accordance with the Asbestos Regulations, or the supply, use or handling of chrysotile, or of any product or material that contains chrysotile, under regulation 210 |
| Any substance that consists of or contains asbestos | Application by spraying |
| Any substance that consists of or contains asbestos | Installation as insulation |
| Any material that consists of or contains asbestos | High pressure cleaning of any such material |
| Installed insulation that consists of or contains asbestos | Sealing of such insulation |
| Abrasive blasting | |
| A substance that contains more than 5% free silica (crystalline silicon dioxide) | As an abrasive in abrasive blasting |
| A recycled material that has not been treated to remove respirable dust | As an abrasive in abrasive blasting |
| A substance capable of causing harm to the upper respiratory tract of a person | As an abrasive in abrasive blasting |
| Any substance that contains more than 2% arsenic, lead, beryllium, cadmium, nickel, antimony, cobalt, chromium or tin | As an abrasive in blasting |
| Any substance that contains chromate, nitrate or nitrite | As a wet abrasive blasting inhibitor in wet abrasive blasting |
Schedule 6—Hazardous substances for which health surveillance is required
| Hazardous substance | Type of health surveillance |
| 4,4' Methylenebis (2‑chloroaniline) (MOCA) | (a) Urinary total MOCA (b) Dipstick analysis of urine for haematuria (c) Urine cytology |
| Asbestos | (a) Occupational and demographic data (b) Medical interview (c) Records of personal exposure |
| Crystalline Silica | (a) Completion of a standardised respiratory questionnaire (b) Standardised respiratory function test, such as FEV1, FVC and FEV1/FVC (c) Chest X‑ray, full size PA view |
| Vinyl Chloride | (a) Occupational and demographic data (b) Record of personal exposure |
Schedule 7—Form for application for licence or limited licence to carry out asbestos removal work
Form 1—Form for application for licence or limited licence to carry out asbestos removal work
Pursuant to the Occupational Health, Safety and Welfare Regulations the following application is made for a licence to carry out asbestos removal work:
1Full name of applicant and details of any business name:
2Business address and telephone number of applicant:
3Postal address of applicant:
4In the case of a body corporate—the address of its registered office:
5Details of asbestos removal work previously undertaken by the applicant:
6Describe fully the make, type etc of equipment to be used for asbestos removal work, including personal protective equipment and waste disposal equipment:
7State arrangements for asbestos monitoring:
8Describe fully the training in safe methods for performing asbestos removal work undertaken by any person who is to carry out the work (whether employed or otherwise engaged by the applicant on a regular basis):
9Describe the method of transport and final disposal of asbestos waste material:
10State the regulations, codes of practice and other procedures to be observed for the safe removal of asbestos or materials containing asbestos:
11State whether a limited licence only is required and, if so, the type of work proposed to be undertaken:
12The prescribed fee accompanies this application.
13I certify that the information in this application (including any attachments) is true to the best of my knowledge and belief.
Date:
Signature of applicant (or, in the case of a body corporate, its authorised agent):
Schedule 8—Fees
| 1 | Inspection fees under Part 3 (regulation 87)— | |
| (a) inspection fee payable when an inspector carries out an inspection under regulation 93 | $188.00 per hour | |
| (b) inspection fee payable when an inspector carries out an inspection under regulation 111 | $188.00 per hour | |
| (c) inspection fee payable when an inspector carries out an inspection of plant in connection with an application to register, or to renew the registration of, an item of plant (regulations 140 and 141) | $188.00 per hour | |
| 2 | Application fee for the registration of a plant design under Part 3, or for the re‑registration of a plant design (regulation 139)— | |
| (a) general application fee | $107.00 | |
| PLUS | ||
| (b) if the Director is to undertake the verification of the plant design under an agreement with the applicant—a fee determined by the Director | ||
| 3 | Application fee for the registration of an amusement structure design under Part 4, or for the re‑registration of an amusement structure design (regulation 172) | $107.00 |
| 4 | Application fee for the registration of an item of plant under Part 3 (regulation 140) | $62.00 |
| 5 | Annual fee payable by the owner of registered plant under Part 3 (regulation 143) | $62.00 |
| 6 | Application fee for the registration, or re‑registration, of an amusement structure under Part 4 | $62.00 |
| 7 | Application fee for an asbestos removal licence under Part 5 Division 2— | |
| (a) in the case of a licence limited to the removal of asbestos‑cement (fibro) products or other non‑friable asbestos containing material | $1 275.00 | |
| (b) in any other case | $8 372.00 | |
| 8 | Application fee for a blaster's licence under Part 6 Division 12 or Division 13 (for 3 years) | $65.00 |
| 9 | Renewal of a blaster's licence under Part 6 Division 12 or Division 13 (for 3 years) | $65.00 |
| 10 | Application fee for registration as an assessor under Part 7 Division 4 | $358.00 |
| 11 | Annual fee for registration as an assessor under Part 7 Division 4 | $358.00 |
| 12 | Application fee for a high risk work licence under Part 7 Division 4 | $69.00 |
| 13 | Renewal of a high risk work licence under Part 7 Division 4 | $69.00 |
| 14 | Fee payable— | |
| (a) subject to paragraph (b)—for a copy of a certificate or other document under these regulations | $68.00 | |
| (b) for a copy of a high risk work licence under Part 7 Division 4 | $37.25 | |
| 15 | Fee for application by high risk work licence holder for addition of new class of high risk work to licence under Part 7 Division 4 | $37.25 |
Schedule 9—Proceedings
Form 1
South Australia
Number:
Application to the President for determination by a review committee
Application is hereby made by [set out name and address of party marking application or in the case of a majority of members of a designated work group the names and addresses of the majority] being a/an employer/employee/health and safety representative/registered association/majority of members of a designated work group* entitled to make application for a determination by a review committee pursuant to section [insert section of Act] of the Occupational Health, Safety and Welfare Act 1986.
The grounds/reason* for the application are—
[Here set out brief details of grounds/reason]
The application is made against—
[Here set out the name and address and designation of the party against whom the application is made or in the case of a notice or action made or taken under the Act brief details of same or where the notice or action is in writing attach a copy of same to this application.]
Date:
Signature of Employee/Health and Safety Representative/Majority of members of a designated work group/for and on behalf of Employer/Registered Association*:
*Strike out whichever is not applicable.
Form 2
South Australia
Before a review committee
Number:
Summons to attend before a review committee
To:
and to:
You are hereby summoned to attend proceedings before a review committee presided over by [insert name of presiding member] to be held at [place of proceedings] on [insert date] at [insert time] in the matter of [set out brief description of matter].
You will be required to continue in attendance at the proceedings until released by the presiding member.
Date:
Signature of presiding member:
If you do not attend a decision may be made in your absence without further notice
Note—
Section 48 of the Occupational Health, Safety and Welfare Act 1986 provides that it is an offence for any person who has been served with a summons to fail, without reasonable excuse, to attend in disobedience to that summons.
Form 3
South Australia
Before a review committee
Number:
Summons to witness
To: [Insert name and address of person summoned]
You are hereby summoned to attend and appear before a review committee presided over by [insert name of presiding member] at [insert place] or such other place as the summons is to be returnable on [insert date] at [insert time] and thereafter from day to day until discharged from attendance, to give evidence concerning the above matter.
*You are further required to bring with you and produce the following documents, objects or material—
[set out items required]
*Strike out if not applicable.
Date:
Signature of presiding member:
This summons to witness was issued on the application of [set out name of party or representative] being a party/representative** for [if a representative set out name of party on whose behalf the summons is issued] whose address for service is [set out address for service of party].
**Strike out whichever is not applicable.
Note—
Section 48 of the Occupational Health, Safety and Welfare Act 1986 provides that it is an offence for any person who has been served with a summons to fail, without reasonable excuse, to attend in obedience to or to comply with that summons.
Form 4
South Australia
Before the Industrial Relations Court
Number:
Notice of appeal pursuant to section 69(4) and (5) of the Occupational Health, Safety and Welfare Act 1986
To the Industrial Registrar
And to [set out name and address of respondent to the appeal]
Take notice that an appeal is hereby made by [set out name and address of appellant] to the Industrial Relations Court against the decision made/refusal which occurred* on [insert date] by [set out name of person or authority appealed against] whereby [set out brief description of matter complained of including the specific part or parts of any decision appealed against or of the relevant refusal].
The following orders will be sought on the appeal:
[set out details of the relief claimed]
The grounds of the appeal are—
[set out detailed grounds relied on]
Date:
Signature of applicant/representative:
Address for service:
*Strike out whichever is not applicable.
Form 5
South Australia
Before the Full Court
Number:
Application for leave to appeal to the Full Court of the Industrial Relations Court pursuant to section 69(8) of the Occupational Health, Safety and Welfare Act 1986
To the Industrial Registrar
And to [set out name and address of respondent to the appeal]
Take notice that application is hereby made by [set out name and address of appellant] to the Full Court of the Industrial Relations Court for leave to appeal against the act, decision or order of the Industrial Relations Court made on [insert date] whereby [set out description of act, decision or order complained of].
The following orders will be sought on the appeal if leave is granted:
[set out details of relief which will be sought]
The grounds on which the appeal is sought are—
[set out proposed grounds of appeal]
Date:
Signature of applicant/representative:
Address for service:
Schedule 10—Expiry of existing certificates and other evidence of competency
| Date of issue of certificate, notice of satisfactory assessment or "old style ticket" | Date of expiry |
| Before 3 April 1995 | 1 September 2011 |
| 4 April 1995 to 31 December 1998 | 1 September 2012 |
| 1 January 1999 to 31 December 2001 | 1 September 2013 |
| 1 January 2002 to 31 December 2004 | 1 September 2014 |
| 1 January 2005 to 31 August 2010 | 1 September 2015 |
Legislative history
Notes
•This version is comprised of the following:
Part 1 13.1.2011 Part 2 13.1.2011 Part 3 13.1.2011 Part 4 13.1.2011 Part 5 13.1.2011 Part 6 13.1.2011 Part 7 1.7.2012 Schedule 1 13.1.2011 Schedule 2 13.1.2011 Schedule 3 13.1.2011 Schedule 4 13.1.2011 Schedule 5 13.1.2011 Schedule 6 13.1.2011 Schedule 7 13.1.2011 Schedule 8 1.7.2012 Schedule 9 13.1.2011 Schedule 10 13.1.2011 •Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations
The Occupational Health, Safety and Welfare Regulations 2010 were revoked by Sch 1 of the Work Health and Safety Regulations 2012 on 1.1.2013.
Legislation revoked by principal regulations
The Occupational Health, Safety and Welfare Regulations 2010 revoked the following:
Occupational Health, Safety and Welfare Regulations 1995
Principal regulations and variations
Year No Reference Commencement 2010 173 Gazette 22.7.2010 p3627 see Erratum (Gazette 29.7.2010 p3923) 1.9.2010 except r 414—25.11.2010: r 2 2011 1 Gazette 13.1.2011 p217 13.1.2011: r 2 2011 115 Gazette 9.6.2011 p2227 1.7.2011: r 2 2012 132 Gazette 31.5.2012 p2489 1.7.2012: r 2 Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement Pt 1 r 2 omitted under Legislation Revision and Publication Act 2002 13.1.2011 r 3 r 3(1) asbestos substituted by 1/2011 r 4 13.1.2011 Pt 7 r 427 r 427(1) varied by 115/2011 r 4(1), (2) 1.7.2011 varied by 132/2012 r 4(1), (2) 1.7.2012 r 427(2) varied by 115/2011 r 4(1) 1.7.2011 varied by 132/2012 r 4(1) 1.7.2012 Sch 8 substituted by 115/2011 r 5 1.7.2011 substituted by 132/2012 r 5 1.7.2012 Sch 11 omitted under Legislation Revision and Publication Act 2002 13.1.2011 Historical versions
13.1.2011 1.7.2011
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