Occupational Safety and Health Amendment Regulations 2004 (WA)

25 June 2004 GOVERNMENT GAZETTE, WA 2291

WS3 0 1*

Occupational Safety and Health Act 1984

Occupational Safety and Health Amendment

Regulations 2004

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Occupational Safety and
Health Amendment Regulations 2004.

regulation 4.1;

2.            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 14 May 2004 see Western Australian
Legislation Information Tables for 2003, Table 4, p. 260-61.]

3.             Regulation 1.3 amended

Regulation 1.3 is amended by inserting the following definition in the appropriate alphabetical position

44

"earthmoving machinery" has the meaning it has in

2292 GOVERNMENT GAZETTE, WA 25 June 2004

4.            Regulation 3.23 amended

Regulation 3.23(4) is amended by deleting "If a crane other than a non-slewing crane" and inserting instead -

44

If a mobile crane, other than a vehicle loading crane
or earthmoving machinery, that is a non-slewing crane
with a maximum rated capacity of greater than
20 tonnes or a slewing crane

5.            Regulation 3.131 amended

Regulation 3.131(3)(a) is amended by deleting "Medical
Examinations of Commercial Vehicle Drivers published by the
Federal Office of Road Safety" and inserting instead -

44

Assessing Fitness to Drive 2003 published by
Austroads Incorporated

6.            Regulation 3.132 amended

Regulation 3. 132(3)(b)(ii) is deleted and the following subparagraph is inserted instead -

"

(ii) in any 7 day period - at least

48 hours of non-work time, which time
is not spent in the vehicle while it is
moving, includes a period of at least
24 consecutive hours non-work
time and does not include a period of
non-work time of less than

7 consecutive hours.

7.            Regulation 4.54 amended

(1)	Regulation 4.54(8) is amended by deleting "the crane is not used unless".
(2)	Regulation 4.54(9) is amended by deleting "the crane is not used unless".
(3)	Regulation 4.54(10) is amended as follows:

(a)	by deleting "the crane is not used unless";
(b)	in paragraph (a) by deleting "of such" and inserting instead -

44 in the ";

(c) in paragraph (b) by deleting "who has experience of such use of such a crane".

25 June 2004 GOVERNMENT GAZETTE, WA 2293

(4) After subregulation 4.54(10) the following subregulations are

inserted -

44

(10a) A person does not commit an offence under

subregulation (10) where —

(a) the vehicle loading crane is used to lift a load from the ground onto the vehicle on which the crane is mounted or to lift a load from the

vehicle onto the ground; and

(b) the operator of the crane is a dogger who has experience in the use of such a crane.

(10b) A person does not commit an offence under
subregulation (10) where —

(a) the vehicle loading crane is used to lift a load from the ground onto the vehicle on which the crane is mounted or to lift a load from the

vehicle onto the ground;

(b)	part of the load has the purpose of connecting the load to a crane for a lift;
(c)	that part of the load is used for that purpose;
(d)	there is involved in the use of the crane at least one crane operator who has experience in the use of such a crane; and
(e)	an operator of the crane knows the mass of the load.

(10c) A person does not commit an offence under

subregulation (10) before 1 January 2005 where the
vehicle loading crane is used to lift a load from the
ground onto the vehicle on which the crane is mounted

or to lift a load from the vehicle onto the ground.

(5) Regulation 4.54(11) is amended as follows:

(a)	by deleting "the crane is not used unless";
(b)

in paragraph (a) by deleting "of such" and inserting " in the ";

(c) in paragraph (b) by deleting "who has experience of such use of such a crane".

(6) After regulation 4.54(11) the following subregulation is

inserted —

44

(ha) A person does not commit an offence under

subregulation (11) before 1 January 2005 where the

crane used is earthmoving machinery.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.