Occupational Safety and Health Amendment Regulations 2003 (WA)

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4356

GOVERNMENT GAZETTE, WA

3 October 2003

WORKSAFE
WS30
Occupational Safety and Health Act 1984

Occupational Safety and Health Amendment
Regulations 2003

Made by the Governor in Executive Council.
1. Citation

These regulations may be cited as the Occupational Safety and
Health Amendment Regulations 2003.
2. Commencement
These regulations come into operation on a day 6 months after the day on which they are published in the Gazette.

contractor, an employer or a self-employed person,

3. The regulations amended

The amendments in these regulations are to the Occupational
Safety and Health Regulations 1996*.
[* Reprinted as at 19 July 2002.
For amendments to 4 August 2003 see Gazette 10 January,
8 April, 27 June and 8 July 2003.]

4. Regulation 3.23 amended
Regulation 3.23 is amended by deleting the penalty provision and inserting instead —
44
(4) If a crane other than a non-slewing crane, is used at a
construction site, a person who at the site, is the main

3 October 2003 GOVERNMENT GAZETTE, WA 4357
must ensure that the crane is fitted as far as practicable
with a system having the following components -

(a)

at least one light source inside the crane that emits green light only if a load being lifted by the crane is less than or equal to 90% of the crane's rated capacity and which light gives the crane operator an effective warning signal of the status of the load in that respect;

(b)

at least one light source on the outside of the crane that emits a green light only if a load being lifted by the crane is less than or equal to 90% of the crane's rated capacity and which light is visible to a person in the vicinity of the crane;

(c)

at least one light source inside the crane that emits amber light only if a load being lifted by the crane is greater than 90% and less than 100% of the crane's rated capacity and which light gives the crane operator an effective warning signal of the status of the load in that respect;

(d)

at least one light source on the outside of the crane that emits an amber light only if a load being lifted by the crane is greater than 90% and less than 100% of the crane's rated
capacity and which light is visible to a person
in the vicinity of the crane;

(e)

at least one light source inside the crane that emits a flashing red light only if a load being lifted by the crane is greater than 100% of the crane's rated capacity and which light gives the
crane operator an effective warning signal of
the status of the load in that respect;

(0 at least one light source on the outside of the crane that emits a flashing red light only if a load being lifted by the crane is greater than 100% of the crane's rated capacity and which
light is visible to a person in the vicinity of the
crane;
(g) an alarm that sounds inside the crane only if a load being lifted by the crane is greater than 100% of the crane's rated capacity, which alarm gives the crane operator an effective warning signal of the status of the load in that respect; and
(h) an alarm that sounds outside the crane only if a load being lifted by the crane is greater than 100% of the crane's rated capacity, which sound is audible to a person in the vicinity of the crane.

4358

GOVERNMENT GAZETTE, WA

3 October 2003

(5) A person does not commit an offence under
subregulation (4) if the percentage of a crane's rated
capacity at which a light is emitted or an alarm sounds
differs by no more than 2% from that required under
subregulation (4) if, proof of which is on the person —

(a)

only one colour of light is emitted by the inside and outside light sources at a time;

(b)

the inside and outside alarms sound at the same time as the inside and outside light sources emit red light;

(c)

the percentage of the crane's rated capacity above which the inside and outside light sources emit red light and the inside and outside alarms sound is not greater than 100%; and

(d)

the crane is operated in accordance with written instructions developed at the time of design or manufacture by the person who designed or manufactured the crane.

Penalty applicable to subregulations (1), (2), (3) and

(4): $25 000.

By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.

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Occupational Safety and Health Amendment Regulations 2003 (WA)

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(a)	at least one light source inside the crane that emits green light only if a load being lifted by the crane is less than or equal to 90% of the crane's rated capacity and which light gives the crane operator an effective warning signal of the status of the load in that respect;
(b)	at least one light source on the outside of the crane that emits a green light only if a load being lifted by the crane is less than or equal to 90% of the crane's rated capacity and which light is visible to a person in the vicinity of the crane;
(c)	at least one light source inside the crane that emits amber light only if a load being lifted by the crane is greater than 90% and less than 100% of the crane's rated capacity and which light gives the crane operator an effective warning signal of the status of the load in that respect;
(d)	at least one light source on the outside of the crane that emits an amber light only if a load being lifted by the crane is greater than 90% and less than 100% of the crane's rated
capacity and which light is visible to a person in the vicinity of the crane;
(e)	at least one light source inside the crane that emits a flashing red light only if a load being lifted by the crane is greater than 100% of the crane's rated capacity and which light gives the
crane operator an effective warning signal of the status of the load in that respect;

(0	at least one light source on the outside of the crane that emits a flashing red light only if a load being lifted by the crane is greater than 100% of the crane's rated capacity and which
light is visible to a person in the vicinity of the crane;
(g)	an alarm that sounds inside the crane only if a load being lifted by the crane is greater than 100% of the crane's rated capacity, which alarm gives the crane operator an effective warning signal of the status of the load in that respect; and
(h)	an alarm that sounds outside the crane only if a load being lifted by the crane is greater than 100% of the crane's rated capacity, which sound is audible to a person in the vicinity of the crane.

(a)	only one colour of light is emitted by the inside and outside light sources at a time;
(b)	the inside and outside alarms sound at the same time as the inside and outside light sources emit red light;
(c)	the percentage of the crane's rated capacity above which the inside and outside light sources emit red light and the inside and outside alarms sound is not greater than 100%; and
(d)	the crane is operated in accordance with written instructions developed at the time of design or manufacture by the person who designed or manufactured the crane.