Occupational Safety and Health Amendment Regulations (No. 3) 1999 (WA)

6228 GOVERNMENT GAZETTE, WA [17 December 1999

WORKSAFE

INS301'

Occupational Safety and Health Act 1984

Occupational Safety and Health Amendment

Regulations (No. 3) 1999

Made by the Governor in Executive Council.

deleting ", in relation to a construction site, includes a surface of

1.           Citation

These regulations may be cited as the Occupational Safety and Health Amendment Regulations (No. 3) 1999.
2.	Commencement These regulations come into operation on 1 January 2000.

3.            The regulations amended

The amendments in these regulations are to the Occupational

Safety and Health Regulations 1996*.

[* Reprinted as at 15 October 1999.]

4.            Regulation 1.3 amended

Regulation 1.3 is amended in the definition of "platform" by

17 December 19991 GOVERNMENT GAZETTE, WA 6229

a plank or other material that is used as an access way" and

inserting instead -

"

means the surface of a plank or other material that
is used to provide access to, or egress from, a
place,

5.            Regulation 1.14 inserted

After regulation 1.13 the following regulation is inserted -

1.14.	AS or AS/NZS reference in Schedule 1
Failure to include the number of the regulation in which a reference is made to an AS or ASINZS designation in the regulation reference for that designation in Schedule 1 does not invalidate the reference to that designation in the regulation.

6.            Regulation 3.26 amended

(1)	Regulation 3.26(1)(c) is amended by deleting "and" and inserting instead -
46

or ,,

(2) Regulation 3.26(1)(d) and "and" after it are deleted and the
following paragraph is inserted instead -

"

(d) if being used to approach a platform, protrudes

at least 900 mm beyond the landing for the

platform; and

7.           Regulation 3.27 amended

Regulation 3.27 is amended as follows:

(a) in paragraph (a) after the word "damage" by inserting the following -

or the uncontrolled release of its contents while

the cylinder is being used, moved, or stored

(b) by deleting paragraph (b) and inserting the following paragraph instead -

(b) is not lifted or lowered by mechanical means

unless -

(i) it is contained in an appropriate type of

box; or

6230 GOVERNMENT GAZETTE, WA [17 December 1999

(ii) it is lifted or lowered using attachments

that are suitable for the task being
performed.

8.            Regulation 3.31 replaced

Regulation 3.31 is repealed and the following regulation is inserted instead -

3.31. Flotation devices where person working alone
If, ata workplace —

(a)	a person works over water or other liquid and there is a risk of the person drowning if he or she falls into the water or other liquid: and
(b)	the person works alone,

a person who, at the workplace, is an employer, the main contractor, a self-employed person or a person having control of the workplace must, as far as

practicable, ensure that the first-mentioned person wears a life jacket to reduce the risk of drowning. Penalty: $25 000.

9.            Regulation 3.45 amended

Regulation 3.45 is amended as follows:

(a) in the definition of "exposure standard for noise" by deleting paragraph (a) and inserting the following paragraph instead -

46

(a) an LA,8h of 85dB(A);

(b)	in the definition Of "LAeq,8h" by deleting "AS 1269" and
inserting instead -

" AS/NZS 1269.1 ";

(c) in the definition of "Lpeak" by deleting "AS 1269 as measured by a sound level meter with a peak detector-indicator characteristic complying with AS 1259.1;" and inserting instead -

46 AS/NZS 1269.1; ".

10.          Regulation 3.47 replaced

Regulation 3.47 is repealed and the following regulation is inserted instead -

3.47	Standard of personal hearing protectors
If it is not practicable to avoid exposing a person at a workplace to noise above the exposure standard for

17 December 19991 GOVERNMENT GAZETTE, WA 6231

noise then a person who, at the workplace, is an
employer, the main contractor or a self-employed
person must ensure that the first-mentioned person is
provided with personal hearing protectors that have
been selected in accordance with the procedures
specified in AS/NZS 1269.3.
Penalty: $25 000.

11.          Regulation 3.50 amended

Regulation 3.50 is amended in paragraph (d) by deleting
"AS 1891.3," and inserting instead -

Cr

AS/NZS 1891. 1, AS/NZS 1891.3, ".

12.          Regulation 3.57 amended

After regulation 3.57(1) the following subregulation is inserted -

(la) Without limiting regulation 3. 1, if at a workplace

fragile material forms the whole or part of a roof that is
to be removed, a person who, at the workplace, is an
employer, the main contractor, a self-employed person
or a person having control of the workplace must

before the roof is removed -

(a)	identify which areas of the roof are made of a fragile material; and
(b)	assess the soundness of the roof.

13.          Regulation 3.60 amended

(1)	Regulation 3.60(3)(b) is amended by deleting "after 31 March 1998".
(2)	Regulation 3.60(4) is amended as follows:

(a)	in paragraph (b)(i) by deleting "after 31 March 1998";
(b)	portable equipment is being used by the person or an

in paragraph (b)(ii) by deleting "when an item of 31 March 1998" and inserting instead -

M

and that an item of portable equipment
being used by the person or an
employee of the person is directly
connected to the output side of that
portable residual current device

6232 GOVERNMENT GAZETTE, WA [17 December 1999

(3) Regulation 3.60(5) is amended by inserting after "a fixed

socket" -

IE

and the item of portable equipment is directly
connected to the output side of that portable residual
current device

14.          Regulation 3.64 replaced

Regulation 3.64 is repealed and the following regulation is inserted instead -

3.64. Restrictions on working in vicinity of overhead
power lines

(1) In this regulation -

"danger zone" means anywhere that -

(a) is within 0.5 metres of a live insulated overhead power line or aerial bundled conductor line of a voltage of not more than

1 000 volts;

(b)	is within 1.0 metre of a live uninsulated overhead power line of a voltage of not more than 1 000 volts;
(c)

is within 3.0 metres of a live overhead power exceeding 1 000 volts but not more than 33 000 volts; or

(d) is within 6.0 metres of a live overhead power line, whether insulated or not, of a voltage exceeding 33 000 volts;

"overhead power line" means an overhead line for the transmission of electrical energy.

(2) Subject to subregulation (3), without limiting

clause 2.5.7 of AS/NZS 3012, a person who, at a workplace, is an employer, the main contractor, a self-employed person or a person having control of the

workplace must ensure that an employee or any plant
or material used or controlled by an employee does not
enter the danger zone of an overhead power line.

Penalty: $25 000.

(3) A person does not commit an offence under

subregulation (2) if, proof of which is on the person -

(a) the overhead power line has been adequately

insulated and effectively cordoned off to protect the safety of persons or otherwise made safe, as the case requires; or

17 December 19991 GOVERNMENT GAZETTE, WA 6233

(b) the employee is authorized to carry Out

electrical work under the Electricity Act 1945.

15. (1) Regulation 3.82 is amended in the definition of "confined	Regulation 3.82 amended
space" as follows:

(a) paragraph (d) is amended by inserting after "containing" -

46

or likely to contain

(b) paragraph (e) is amended by inserting after "has" -

46

or is likely to have ";

(c) paragraph (f) is amended by inserting after "nature" -

44

or is likely to be of a nature ";

(d) by deleting the full stop after paragraph (0 and inserting -

46

or a contaminant; ".

(2) Regulation 3.82 is amended after the definition of "confined

space" by inserting the following definition -

"contaminant" means any substance, the presence of

which may be harmful to safety or health.

16.          Regulation 3.98 amended

Regulation 3.98(1) is amended as follows:

(a) by deleting "welding" in the first place where it occurs and inserting instead -

46

gas welding, heating, cutting

(b) after "must ensure" by inserting -

that a flashback arrester is fitted

(c)	in paragraph (a) by deleting "that a flash arrester is fitted";
(d)	by deleting paragraph (b) and inserting the following paragraph instead -

44

(b) to the blowpipe. ".

17.          Regulation 3.103 amended

Regulation 3.103 is amended as follows:

(a) by deleting paragraph (a) and inserting the following

paragraph instead -

"

(a) is designed so that the person operating the

nozzle can control the flow of abrasive material
through the nozzle;

6234 GOVERNMENT GAZETTE, WA [17 December 1999

(b) by inserting before "A person" the subregulation

designation "(1)";

(c) by inserting the following subregulation -

M.

(2) A person who, at a workplace at which equipment is

used for the purposes of abrasive blasting, is an
employer, the main contractor, or a self-employed

person must ensure that -

(a)	the equipment includes a device designed to cut off automatically the flow of abrasive material through the nozzle if the person operating the nozzle becomes unable to do so; or
(b)	procedures are in place which enable a person other than the person operating the nozzle to cut off the flow of abrasive material if the person operating the nozzle becomes unable to do so.

(d) by deleting "Penalty: $25 000" and inserting the

following penalty instead -

IE

Penalty applicable to subregulations (1) and (2):

$25 000.

18.          Regulation 3.124 amended

Regulation 3.124(1 )(c) is amended by deleting "900 mm" and inserting instead -

" one metre "

19.          Regulation 4.1 amended

Regulation 4.1 is amended in the definition of "pressure

equipment" by inserting after "AS 3920.1" -
" or AS 4343 ".

20.          Regulation 4.43 amended

Regulation 4.43(b) is amended by deleting "AS 3788" in both places where it occurs and inserting instead -

" AS/NZS 3788

21.          Regulation 5.1 amended

Regulation 5.1(1) is amended in the definition of "hazardous substance" by deleting "[NOHSC: 10005 (1994)]" and inserting instead -

44

[NOHSC: 10005 (1999)] ".

17 December 19991 GOVERNMENT GAZETTE, WA 6235

22.          Regulation 5.2 amended

Regulation 5.2(b) is amended by inserting after "animals" -

M.

while it is being administered to a human being
or an animal

23.          Regulation 5.3 amended

Regulation 5.3(a) is amended by deleting
"[NOHSC: 10005 (1994)]" and inserting instead -

66

[NOHSC: 10005 (1999)] ".

24.          Regulation 5.5 amended

Regulation 5.5(1) is amended as follows:

(a)	after paragraph (b) by inserting - " and ";
(b)	after paragraph (c) by deleting "; and" and inserting a full stop;

(c) by deleting paragraph (d).

25.          Regulation 5.48 amended

Regulation 5.48(1)(b) is amended by inserting before "Code" -

Guide to the Control ofAsbestos Hazards in
Buildings and Structures [NOHSC: 3002
(1988)] and the

26.          Regulation 5.50 amended

Regulation 5.50 is amended by deleting "the use or cleaning of" in both places where it occurs.

27.          Regulation 5.52 amended

Regulation 5.52 is amended by deleting "Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1988)]" and inserting instead -

"

Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC: 3002 (1988)]

28.          Regulation 6.2 amended

Regulation 6.2(2)(b) is amended by inserting after
"competency" -

"

or a certificate issued under regulations
repealed by regulation 7.3

6236 GOVERNMENT GAZETTE, WA 117 December 1999

29.          Schedule 1 replaced

Schedule 1 is repealed and the following Schedule is inserted instead -

Schedule 1 - Australian Standards and

Australian/New Zealand Standards

[r. 1.3]

Item AS or AS/NZS Title Regulation Reference

Number

1	AS/NZS 1200:1994	Pressure equipment	4.1,4.43, Sch. 4.3
2	AS/NZS 1269:1998	Occupational noise	3.45,
management	3.47

AS/NZS 1269.1:1998 Measurement and

assessment of noise

immission and exposure

AS/NZS 1269.3:1998 Hearing protector program

3	AS 1319-1994	Safety signs for the	1.3, 3.11,
occupational environment	3.34, 3.36, 4.1
4	AS/NZS 1337:1992	Eye protectors for	3.33
industrial applications
5	AS/NZS 1338:1992	Filters for eye protectors	3.33
AS/NZS 1338.1:1992	Filters for protection against radiation generated in welding and allied operations
AS/NZS 1338.2:1992	Filters for protection

against ultraviolet

radiation

AS/NZS 1338.3:1992 Filters for protection
against infrared radiation

6	AS 1418	Cranes (including hoists	4.54,
and winches)	Sch. 4.3
AS 1418.1-1994	General requirements
AS 1418.2-1997	Serial hoists and winches
AS 1418.3-1997	Bridge, gantry and portal cranes (including container cranes)
AS 1418.4-1988	Tower cranes
AS 1418.5-1995	Mobile and vehicle loading cranes
AS 1418.6-1988	Guided storing and retrieving appliances

17 December 19991 GOVERNMENT GAZETTE, WA 6237

Item AS or AS/NZS Title Regulation

Number	Reference
AS 1418.7-1988	Builders' hoists and equipment
AS 1418.8-1989	Special purpose appliances
AS/NZS 1418.9:1996	Vehicle hoists
AS 1418.10-1996	Elevating work platforms
AS 1418.12-1991	Crane collector systems
AS 1418.13-1996	Building maintenance units
AS 1418.14-1996	Requirements for cranes subject to arduous working conditions
AS 1418.15-1994	Concrete placing equipment
AS 1418.16-1997	Mast climbing work platforms
AS 1418.17-1996	Design and construction of workboxes

7	AS/NZS 1576	Scaffolding	3.55, 3.67, 3.72, 3.124,
Sch. 4.3
AS/NZS 1576.1:1995	General requirements
AS 1576.2-1991	Couplers and accessories
AS/NZS 1576.3:1995	Prefabricated and tube-and-coupler scaffolding
AS 1576.3	Prefabricated and
Supplement 1-1991	tube-and-coupler scaffolding - Metal

scaffolding - Deemed to

tube-and-coupler

comply (Supplement to
AS 1576.3-1991)

AS 1576.4-1991	Suspended scaffolding
AS/NZS 1576.5:1995	Prefabricated splitheads and trestles

8	AS 1636-1996	Agricultural wheeled	4.44
tractors - Roll-over protective structures - Criteria and tests
9	AS 1657-1992	Fixed platforms,	3.55
walkways, stairways and ladders - Design, construction and installation

6238 GOVERNMENT GAZETTE, WA [17 December 1999

Item ASorAS/NZS Title Regulation

Number Reference

10	AS 1674	Safety in welding and	3.52,
allied processes	3.96
AS 1674.1-1997	Fire precautions
AS 1674.2-1990	Electrical
11	AS/NZS 1715:1994	Selection, use and	3.40,
maintenance of respiratory	3.42,
protective devices	3.37
12	AS/NZS 1716:1994	Respiratory protective	3.40,
devices	3.42
13	AS 1735	Lifts, escalators, and	4.56,
moving walks (known as	Sch.4.3
the SAA Lift Code)
AS 1735.1-1986	General requirements
AS 1735.2-1997	Passenger and goods lifts - Electric
AS 1735.3-1995	Passenger and goods lifts - Electro-hydraulic
AS 1735.4-1986	Service lifts - Poweroperated
AS 1735.5-1996	Escalators
AS 1735.6(Int)-1996	Moving walks
AS 1735.7-1998	Stairway lifts
AS 1735.8-1986	Inclined lifts
AS 1735.9-1994	Special purpose industrial lifts
AS 1735.10(Int)-1998	Tests

AS 1735.11-1986 Fire-rated landing doors

AS 1735.12-1999	Facilities for persons with disabilities
AS 1735.13-1986	Lifts for persons with limited mobility - Manually powered
AS 1735.14-1998	Low-rise platforms for passengers
AS 1735.15-1990	Lifts for people with limited mobility - Restricted use - Non-automatically controlled
AS 1735.16-1993	Lifts for persons with limited mobility - Restricted use - Automatically controlled

17 December 19991 GOVERNMENT GAZETTE, WA 6239

Item AS or AS/NZS Title Regulation

Number	Reference
AS 1735.17-1995	Lifts for people with limited mobility - Restricted use -
Water-drive

14	AS/NZS 1801:1997	Occupational protective	3.33,
helmets	3.36
15	AS/NZS 1873:1994	Powder-actuated (PA)	4.51
hand-held fastening tools
16	AS/NZS 1891	Industrial fall arrest	3.48,
systems and devices	3.50
AS/NZS 1891.1:1995	Safety belts and harnesses
AS/NZS 1891.3:1997	Fall-arrest devices
17	AS/NZS 1892	Portable ladders	3.26
AS/NZS 1892.1:1996	Metal
AS 1892.2-1992	Timber
AS/NZS 1892.3:1996	Reinforced plastic

18 AS 2030	The verification, filling,	4.1,4.43,
inspection, testing and	Sch. 4.2,
maintenance of cylinders	Sch. 4.3
for storage and transport of compressed gases (known as the SAA Gas Cylinders Code)

AS 2030.1-1999	Cylinders for compressed gases other than acetylene
AS 2030.2-1996	Cylinders for dissolved

acetylene

AS 2030.3-1982	Non-refillable cylinders for compressed gases
AS 2030.4-1985	Welded cylinders - Insulated
AS 2030	Foreign gas cylinder
Supplement 1-1986	specifications

19	AS 2106-1980	Methods for the	3.99
determination of the flashpoint of flammable liquids (closed cup)
20	AS/NZS 2161	Occupational protective gloves	3.33
AS/NZS 2161.2:1998	General requirements
AS/NZS 2161.3:1998	Protection against mechanical risks

6240 GOVERNMENT GAZETTE, WA [17 December 1999

Item AS or ASINZS Title Regulation

Number Reference

AS/NZS 2161.4:1999	Protection against thermal risks (heat and fire)
AS/NZS 2161.5:1998	Protection against cold
AS/NZS	Protection against cuts and
2161.7.1:1998	stabs by hand knives

21	AS/NZS 2208: 1996	Safety glazing materials	3.104
for use in buildings
22	AS/NZS 2210:1994	Occupational protective footwear	3.33
AS/NZS 2210.1:1994	Guide to selection care and use
AS/NZS 2210.2:1994	Specification
23	AS/NZS 2211	Laser safety	4.49
AS/NZS 2211.1:1997	Equipment classification, requirements and user's guide
AS/NZS 2211.1 Supplement 1:1999	Equipment classification,
requirements and user's guide - Application guidelines and explanatory notes (Supplement to AS/NZS 2211.1:1997)
24	AS 2268-1979	Electrostatic paint and	3.101
powder spray guns for explosive atmospheres

25 AS 2294-1997 Earthmoving machinery - 4.44,

Protective structures 4.45

26	AS/NZS 2299.1:1999	Occupational diving	3.29
operations - Standard operational practice
AS/NZS 2299.1 Supplement 1:1999	Standard operational
practice - AS/NZS 2299 Diving Medical Examination Forms (Supplement to AS/NZS 2299.1:1999)
27	AS 2337 AS 2337.1-1999	Gas cylinder test stations	4.43
General requirements, inspections and tests - Gas cylinders
AS 2337.2-1990	LP gas fuel vessels for automotive use

17 December 19991 GOVERNMENT GAZETTE, WA 6241

Item AS or AS/NZS Title Regulation Reference

Number

AS 2337.3-1998 Inspection and testing of fibre reinforced plastics (FRP) gas cylinders

28 AS/NZS 2359 Powered industrial trucks 4.55

AS 2359.2-1985	Operation
29 AS 2375-1980	Guide to the selection, care 3.33 and use of clothing for protection against heat and fire

30	AS 2397-1993	Safe use of lasers in the	4.49
building and construction industry
31	AS 2424-1991	Plastics building sheets -	3.57
General installation requirements and design of roofing systems

32 AS 2444-1995	Portable fire extinguishers	3.9
and fire blankets - Selection and location
33 AS/NZS 2550	Cranes - Safe use	4.54

AS 2550.1-1993	General requirements
AS 2550.4-1994	Tower cranes
AS 2550.5-1993	Mobile and vehicle loading cranes

AS 2550.6-1995	Guided storing and
retrieving appliances

AS 2550.7-1996	Builders' hoists and associated equipment
AS/NZS 2550.9:1996	Vehicle hoists
AS 2550.10-1994	Elevating work platforms
AS 2550.13-1997	Building maintenance units
AS 2550.15-1994	Concrete placing equipment
AS 2550.16-1997	Mast climbing work platforms

34 AS 2593-1995 Boilers — Unattendedand 4.43
limited attendance

6242 GOVERNMENT GAZETTE, WA [17 December 1999

Item AS orASINZS Title Regulation

Number Reference

35	AS 2601-1991	The demolition of	3.114,
structures	3.116, 3.117, 3.119, 3.120, 3.121
36	AS/NZS 2604:1993	Sunscreen products -	3.33
Evaluation and classification
37	AS 2626-1983	Industrial safety belts and	3.50

harnesses - Selection, use

and maintenance

38	AS 2865-1995	Safe working in a confined	3.85
space
39	AS 2971-1987	Serially produced pressure	Sch. 4.2
vessels
40	AS 2985-1987	Workplace atmospheres	3.37
Method for sampling and gravimetric determination of respirable dust
41	AS 3000-1991	Electrical installations -	3.101,
Buildings, structures and	4.27
premises (known as the SAA Wiring Rules)

42	AS/NZS 3012:1995	Electrical installations—	3.58,
Construction and	3.60,
demolition sites	3.61, 3.62, 3.63, 3.64

43 AS/NZS 3108:1994 Approval and test 3.60

specification - Particular

requirements for isolating
transformers and safety

isolating transformers

44	AS/NZS 3509:1996	LP gas fuel vessels for	Sch. 4.2,
automotive use	Sch. 4.3

17 December 19991 GOVERNMENT GAZETTE, WA 6243

Item AS or AS/NZS Title Regulation Reference

Number

45	AS 3533-1997	Amusement rides and devices	4.52,
Sch. 4. 1, Sch. 4.2, Sch. 4.3

46	AS 3640-1989	Workplace atmospheres - 3.37 Method for sampling and gravimetric determination of inspirable dust
47	AS 3765-1990	Clothing for protection against hazardous chemicals 3.33
AS 3765.1-1990	Protection against general or specific chemicals
AS 3765.2-1990	Limited protection against specific chemicals
48 AS/NZS 3788:1996	Pressure equipment - In-service inspection	4.43

49	AS 3850	Tilt-up concrete and	3.88
precast concrete elements for use in buildings
AS 3850.1-1990 AS 3850.2-1990	Safety requirements
Guide to design, casting and erection of tilt-up panels
AS 3850.3-1992	Guide to erection of precast concrete members
50	AS 3873-1995	Pressure equipment -	4.43

Operation and

maintenance

51	AS 3920.1-1993	Assurance of product	4.1, 4.3,
quality— Pressure	Sch. 4. 1,
equipment manufacture	Sch. 4.2, Sch. 4.3
52	AS/NZS 4114:1995	Spray painting booths	3.100
AS/NZS 4114.1:1995	Design, construction and testing
AS/NZS 4114.2:1995	Selection, installation and maintenance
53	AS 4343-1999	Pressure equipment—	4.1,
Hazard levels	Sch. 4. 1, Sch. 4.2, Sch. 4.3

6244 GOVERNMENT GAZETTE, WA [17 December 1999

Item AS orASINZS Title Regulation

Number Reference

54	AS/NZS 4431:1996	Guidelines for safe	4.56
working on new lift installations in new constructions
55	AS/NZS 4576:1995	Guidelines for scaffolding	3.26
56	AS 4626-1993	Industrial fall-arrest	3.50

devices - Selection, use

and maintenance

30. Schedule 4.1

amended " and AS 4343 ".

31.          Schedule 4.2 amended

Schedule 4.2 is amended in the second and sixth items by inserting after "Part 1" -

44

and AS 4343 ".

32.           Schedule 4.3 amended

Schedule 4.3 is amended after the item relating to "AS 3920.1" by inserting the following item -

"

AS 4343 Pressure equipment - Hazard levels

By Command of the Governor,

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