Occupational Safety and Health Amendment Regulations (No. 2) 1995 (WA)

15 September 1995]	GOVERNMENT GAZETTE, WA	4329
0A301

1. These regulations may be cited as the Occupational Safety and Health Amendment Regulations (No. 2) 1995.

OCCUPATIONAL SAFETY AND HEALTH ACT 1984

OCCUPATIONAL SAFETY AND HEALTH AMENDMENT REGULATIONS

(No. 2) 1995

Made by His Excellency the Governor in Executive Council.

Citation

4330 GOVERNMENT GAZETTE, WA 115 September 1995

Commencement

2.     These regulations come into operation on the day on which Part 2 of the

Occupational Safety and Health Legislation Amendment Act 1995 comes into	operation.
Principal regulations
3. In these regulations, the Occupational Health, Safety and Welfare
Regulations 1988* are referred to as the principal regulations.

[* Reprinted as at 7 December 1994.

For amendments to 30 August 1995 see Gazette of 7 July 1995 at pp. 2856-8.1

Long title amended

4.     The long title to the principal regulations is amended by deleting

'HEALTH, SAFETY AND WELFARE" and substituting the following -

SAFETY AND HEALTH

Regulation 101 amended

5.      Regulation 101 is amended by deleting "Health, Safety and Welfare" and

substituting the following -

Safety and Health

Regulation 201 amended

6.     (1) Regulation 201 (2) of the principal regulations is amended by

deleting "accident" and substituting the following -

a

injury

(2) Regulation 210 (3) is repealed and the following subregulation is

substituted -

a

(3) The prescribed particulars for the purposes of the

notification of an injury to which section 19 (3) of the Act applies are -

(a)	name and business address of the employer;
(b)	name, sex and occupation of the employee;
(c)	address of the place at which the injury was incurred;
(d)	date and time the injury was incurred;
(e)	the type of machine or equipment, if any, involved; brief description of how the injury was incurred and
(f)	death; and nature of the injury or, where applicable, report of
(g)	the place to which the employee has been taken

Regulation 204 amended

7. Regulation 204 of the principal regulations is amended -

(a) by inserting after the regulation designation "204." the subregulation designation "(1)"; and

15 September 19951 GOVERNMENT GAZETTE, WA 4331

(b) by inserting after subregulation (1) the following

subregulation -

of a decision of the Commissioner to a safety and (2) A reference under section 51A (1) of the Act

health magistrate for further review shall be made in

the form of Form 4 of Schedule 12.

Regulation 204B inserted

8. The principal regulations are amended by inserting after

11 regulation 204A the following regulation -

Form of notification of election

204B. The form by which a safety and health representative is to notify the Commissioner of an election forpurposes of

section 31 (IOa) of the Act shall be in the form of Form 5 in Schedule 12.

Regulation 215 amended

9.     (1) Regulation 215 (2) is amended by deleting ", refer the decision to

the Industrial Relations Commission" and substituting the following -

it

and in the form of Form 4 in Schedule 12, refer the decision to a

safety and health magistrate

(2) Regulation 215 (3) is amended -

(a) by deleting "the Industrial Relations Commission" in the first

place where it occurs and substituting the following -

a safety and health magistrate "; and

(b) by deleting "the Industrial Relations Commission" in the 2 other

places where it occurs and substituting the following -

the safety and health magistrate ".

Schedule 12 amended

10.     (1) Schedule 12 of the principal regulations is amended by deleting

Form 1 and substituting the following form -

a

FORM 1— NOTIFICATION OF INJURY

Regulation 2.2011 [Section 19 (3).

WorkSafe Western Australia Commissioner

P0 Box 294	INJURY REPORTING TELEPHONES:
WEST PERTH WA 6872	[phone]
Phone: [phone] Fax: [phone]	[phone]
Section 1: Employer Details
Employer Name:	Date of Injury:
Workplace Name:  Address:
Time of injury:

Fax Number:	am
WorkCover Number:	am

4332 GOVERNMENT GAZETTE, WA [15 September 1995

Address of workplace

where injury occurred:

Suburb/Town:  Posteode:

Phone Number:

Fax Number:

Type of workplace

where injury occurred:
(eg. construction site, panel

beating shop, etc)

Section 2: Details of injured person

Surname:	Estimated time
Given Names:	person is unable to
Occupation:	work: - - days

Date of Birth:	II_.	Age:___
Sex: Male: Dl	Female:	0

Section 3: Injury Details

Nature of injury:

Brief description of how injury occurred

Place injured person removed to:

Name of person reporting accident:

Position: 

Phone No. 

Person for liaison: 
Phone No. 

OFFICE USE ONLY: 

Nat.

Person receiving report:  Loc.

(BAg.

Date: I/ TimeS Type

(2) Schedule 12 of the principal regulations is amended in Form 2 -

(a) by deleting "Health, Safety and Welfare" and substituting the

following -

cc

Safety and Health "; and

15 September 19951 GOVERNMENT GAZETTE, WA 4333

(b) by deleting the passage commencing "To: The Commissioner" and substituting the following It

WorkSafe Western Australia Commissioner
P0 Box 294
WEST PERTH WA 6872

Phone: [phone] Fax: [phone]

(3) Schedule 12 of the principal regulations is amended in Form 3 -

by deleting "Health, Safety and Welfare" and substituting the

(a) following -

It

Safety and Health "; and

(b)	ly deleting the passage commencing "To: Industrial Relations
It Commission" and substituting the following -

WorkSafe Western Australia Commissioner
P0 Box 294
WEST PERTH WA 6872

Phone: [phone] Fax: [phone]

after Form 3 the following forms -	(4) Schedule 12 of the principal regulations is amended by inserting
It

FORM 4— NOTICE OF APPLICATION

fRegulation 204 (2)

Occupational Safety and Health Act 1984 and 215 (2)1

OFFICE USE ONLY

IN THE LOCAL COURT OF WA

SITTING AT .......................

PLAINT NO .......................

TO	THE SAFETY AND HEALTH MAGISTRATE SITTING AT THE LOCAL COURT AT .......................................
TAKE NOTICE THAT I ....................... (FULL NAME)

APPLICANT OF....................................................
(PHONE NO.)

HEREBY REFER FOR REVIEW/DETERMINATION
0	A decision of the Worksafe Western Australia Commissioner

TYPE made on ........./ ........./ .........

OF

APPLICATION	0	Other matter (Provide details)
THE DECISION/MATTER RELATES TO THE WORKPLACE AT

........................... (Address and Workplace)

.(Name of Employer)

SECTION OF AND CONCERNS

ACT OR

REGULATION SECTION/REGULATION NO.

4334 GOVERNMENT GAZETTE, WA 115 September 1995

AND I REQUEST THE REVIEW/DETERMINATION ON THE FOLLOWING GROUNDS

GROUNDS

OF

APPLICATION

SIGNATURE OF

APPLICANT	(Signature of person calling for review /determination)
AND DATE	.(Date of Application)

FORM 5— NOTIFICATION OF ELECTION AS SAFETY AND HEALTH

REPRESENTATIVE

ISection 31 (IOa), Regulation 204Bj

Occupational Safety and Health Act 1984

WorkSafe Western Australia Commissioner
P0 Box 294
WEST PERTH WA 6872

Phone: [phone] Fax: [phone]

Section 1: Safety and Health Representative Details

Surname:
Given Names:

Workplace Address:

Suburb/Town Postcode

Sex:  Male: D Female: 0

Occupation:  I

Years In Current Position:  0 Years Employed by Current Employer: 0

Section 2: Employer Details

Employer Name:

Business Address:

Suburb or Town

Phone Number
Fax Number

15 September 19951 GOVERNMENT GAZETTE, WA 4335

Section 3: Election Details

Date of Election
What area of, or group at
the workplace do you

represent?

Representative? Is this the first time you have been elected as a Safety and Health (or Health and Safety)

Yes: II No: 0

Have you attended an Introductory Training Course for Safety and Health Representatives?

Yes 1:11 No 0

Signature of Elected Safety and Health Representative	Date
By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.