Occupational Safety and Health Amendment Regulations (No. 3) 1997 (WA)

5176	GOVERNMENT GAZETTE, WA	[12 September 1997
WORKSAFE
WS301

OCCUPATIONAL SAFETY AND HEALTH ACT 1984

OCCUPATIONAL SAFETY AND HEALTH AMENDMENT

REGULATIONS (No. 3) 1997

Made by the Governor in Executive Council.

Citation

1.

Amendment Regulations (No. 3) 1997. These regulations may be cited as the Occupational Safety and Health

Principal regulations

2. In these regulations the Occupational Safety and Health

Atmospheric Contaminants in the Occupational	a reference to the Adopted National Exposure Standards for
Environment (NOHSC: 1003 (1995)1 and includes any
amendment to the document made before 30 June 1997.

Regulations 1996* are referred to as the principal regulations.

r Published in Gazette 27 September 1996, pp. 4837-5080.

For amendments to 20 August 1997 see Gazette 10 June 1997.1

Regulation 1.11 amended

3.      Regulation 1.11 of the principal regulations is amended —

(a)	by inserting after "includes" the following — a , subject to this regulation, ";
(b)	by inserting after the regulation designation "1.11." the subregulation designation "(1)"; and
(c)	by inserting the following subreg-ulations —

the National Exposure Standards (NOIISC: 1003 (1995)1 is (2) A reference in any provision of these regulations to

12 September 19971 GOVERNMENT GAZETTE, WA 5177

the Guidance Note on the Interpretation of Exposure (3) A reference in any provision of these regulations to

Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC: 3008 (1995)] includes any amendment to the document made before

30 June 1997.

Regulation 3.60 repealed and a regulation substituted

4. Regulation 3.60 of the principal regulations is repealed and the following

regulation is substituted -

C'

Protection against earth leakage current when portable equipment in use

3.60. (1) This regulation applies to a workplace other than one to	which ASiNZS 3012 applies but does not apply to a workplace at which
the supply of electricity -

(a)	does not exceed 32 volts alternating current;
(b)	is direct current;
(c)	isprovided through an isolating transformer complying

with AS1NZS 3108; or

is provided from the unearthed outlet of a portable

(d) generator.

(2) In this regulation -

"hand-held equipment" means portable equipment -

(a) of a kind that is intended to be held in the hand

during normal use; and

(b) the motor, if any, of which forms an integral part of

the equipment;

"portable equipment" means equipment that is -

(a)	connected to an electricity supply; and
(b)	intended to be moved when it is in use,

and includes, but is not limited to, hand-held equipment;

"workplace" means a workplace to which this regulation applies.

(3) A person having control of a workplace -

(a)	installed at the workplace is kept in a safe working must ensure that each non-portable residual current device
condition and tested on a regular basis to ensure its continued effective operation; and
(b)	must ensure, where electricity is supplied to portable equipment through a fixed socket at the workplace after

31 March 1998, that, where practicable, the final sub-circuit to which the fixed socket is connected is protected by a non-portable residual current device.

Penalty: $25000.

workplace - (4) A person who is an employer or a self-employed person at a

(a) must ensure that each portable residual current device used person is kept in a safe working condition and tested on a regular basis to ensure its continued effective operation; and at the workplace by the person or an employee of the

51.78 GOVERNMENT GAZETTE, WA [12 September 1997

(b) where compliance with subregulation (3) (b) is not

practicable —

(i)	must provide a portable residual current device for use with each item of portable equipment used by the person or an employee of the person at the workplace after 31 March 1998; and
(ii)	must ensure that a portable residual current device is directly connected to the output side of a fixed socket when an item of portable equipment is being used by the person or an employee of the person at the workplace after 31 March 1998.

Penalty: $25 000.

device for use with an item of portable equipment at a workplace must (5) An employee who is provided with a portable residual current

not use the portable equipment unless the portable residual current

device is directly connected to the output side of a fixed socket.

Penalty: $5 000.

By Command of the Governor,

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