Occupational Safety and Health Amendment Regulations (No. 6) 2003 (WA)
30 December 2003 GOVERNMENT GAZETTE, WA 5737 WORKSAFE
WS301*
Occupational Safety and Health Act 1984
Occupational Safety and Health Amendment
Regulations (No. 6) 2003
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Occupational Safety and
Health Amendment Regulations (No. 6) 2003.2. Commencement
These regulations come into operation on 1 January 2004.3. 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 9 December 2003 see Western Australian Legislation Information Tables for 2002, Table 4, p. 259, and Gazette 8 April, 27 June, 15 August and 3 October 2003.]
4. Regulation 5.1 amended
(1) Regulation 5.1(1) is amended in the definition of “use” as
follows:
(a)
by inserting after “substance,” in the first place where it occurs —
“
or an article containing a Schedule 5.6 substance,
”;
(b) by inserting after “substance” in each other place where “ or article ”.
(2) Regulation 5.1(1) is amended by inserting the following
definition in the appropriate alphabetical position —
““asbestos” means the fibrous form of mineral silicates belonging to the serpentine and amphibole groups of rock forming minerals and includes actinolite,
amosite (brown asbestos), anthophyllite,
crocidolite (blue asbestos), chrysotile (white
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asbestos), tremolite, or any material containing one
or more of those minerals;
”.
5. Regulation 5.28 amended
Regulation 5.28 is amended as follows:
(a)
by deleting the definition of “bona fide research” and inserting the following definition instead —
“
“bona fide research” means —
(a) a systematic investigative or experimental
activity conducted for the purpose of —
(i) acquiring new knowledge whether or practical application; or (ii) creating new materials, products, devices, processes or services or improving those things;
and
(b) the display in a museum or educational display;
display of any article consisting of or
containing a Schedule 5.6 substance and
”;
(b)
in the definition of “carcinogenic substance” by deleting “either a Schedule 5.4 substance or a Schedule 5.5 substance;” and inserting instead —
“ a Schedule 5.4 substance, a Schedule 5.5 substance
or a Schedule 5.6 substance;
”;
(c)
by deleting the full stop after the definition of “Schedule 5.5 substance” and inserting instead —
“ ;
“Schedule 5.6 substance” means a substance set out in
Schedule 5.6.
”.
6. Regulation 5.29 amended inserted instead —
“
5.29. Concentration of substances for Division 3 to apply (1) A reference in this Division to the use of a
carcinogenic substance is a reference to the use of the
substance or its salts —
(a) as a pure substance; or
30 December 2003 GOVERNMENT GAZETTE, WA 5739
(b)
in a mixture containing 0.1% or more of that substance determined as a weight/weight (w/w) concentration for solids or liquids, or a volume/volume (v/v) concentration for gases.
(2) A reference in this Division to the use of an article
containing a Schedule 5.6 substance is a reference to
the use of an article consisting of or containing a
Schedule 5.6 substance —
(a) as a pure substance; or (b)
in a mixture containing 0.1% or more of that substance determined as a weight/weight (w/w) concentration.
”.
7. Regulation 5.30 amended
Regulation 5.30(2) is repealed and the following subregulation is inserted instead —
“
(2) A person who, at a workplace, is an employer or a
self-employed person and who intends to use a
Schedule 5.4 substance, a Schedule 5.6 substance or an
article consisting of or containing a Schedule 5.6
substance for analysis or bona fide research at the
workplace must, before using the substance or article,
notify the Commissioner of that intention and give to
the Commissioner —
(a)
with any necessary changes being made, the information referred to in subregulation (1) paragraphs (a) to (l) inclusive; and
(b)
a statement that the substance or article will only be used for analysis or bona fide research.
”.
8. Regulation 5.31 replaced
Regulation 5.31 is repealed and the following regulation is inserted instead —
“
5.31. Schedule 5.4 and 5.6 substances not to be used at
workplaces(1) Subject to subregulations (2) and (3) a person who, at a
workplace, is an employer or a self-employed person
must ensure that a Schedule 5.4 substance or a
Schedule 5.6 substance is not used at the workplace,
other than to remove and dispose of the substance,
unless —
(a)
the Commissioner has given approval to use the substance at the workplace;
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(b)
the substance is used only in analysis or bona fide research; and
(c)
the use is in accordance with any condition imposed by the Commissioner.
Penalty: $25 000.
(2) A person does not commit an offence under
subregulation (1) if the substance is a Schedule 5.6
substance that is in its natural state and has not been
moved from its natural location.
”.
9. Regulation 5.32A inserted
After regulation 5.32 the following regulation is inserted —“
5.32A. Articles containing Schedule 5.6 substances not to
be used at workplaces(1) Subject to subregulations (2) to (8), a person who, at a
workplace, is an employer, the main contractor or a
self-employed person must ensure that an article
consisting of or containing a Schedule 5.6 substance is
not used at the workplace, other than to remove and
dispose of the article, unless —
(a)
the Commissioner has given approval to use the article at the workplace;
(b)
the article is used only in analysis or bona fide research; and
(c)
the use is in accordance with any condition imposed by the Commissioner.
Penalty: $25 000.
(2) A person does not commit an offence under
subregulation (1) in relation to the use with saturated
steam, superheated steam or a dangerous substance, of
a compressed asbestos fibre gasket consisting of or
containing chrysotile (white asbestos) —
(a) before 1 January 2005, if the Commissioner has given written approval to use the gasket at the workplace; (b) on and after 1 January 2005, if the location of the gasket in the workplace and its use are the same as they were immediately before 1 January 2005.
(3) A person does not commit an offence under
subregulation (1) in relation to the use in a plant in
liquid chlorine service with design process conditions
of minus 45° Celsius under 1500 kPa pressure, of a
30 December 2003 GOVERNMENT GAZETTE, WA 5741 compressed asbestos fibre gasket consisting of or
containing chrysotile (white asbestos) —
(a) before 1 January 2007, if the Commissioner has given written approval to use the gasket at the workplace; (b) on and after 1 January 2007, if the location of the gasket in the workplace and its use are the same as they were immediately before 1 January 2007.
(4) A person does not commit an offence under
subregulation (1) in relation to the use in an electrolyte
cell in an electrolysis plant for chlor-alkali manufacture
that existed on 1 January 2004, of a diaphragm
consisting of or containing chrysotile (white
asbestos) —
(a) before 1 January 2007, if the Commissioner has given written approval to use the diaphragm at the workplace; (b) on and after 1 January 2007, if the location of the diaphragm in the workplace and its use are the same as they were immediately before 1 January 2007.
(5) A person does not commit an offence under
subregulation (1) in relation to the use in a rotary
vacuum pump or a rotary compressor, of a vane
consisting of or containing chrysotile (white asbestos)
mixed with a phenol formaldehyde resin or a cresylic
formaldehyde resin —
(a) before 1 January 2008, if the Commissioner has given written approval to use the vane at the workplace; (b) on and after 1 January 2008, if the location of 1 January 2008.
the vane in the workplace and its use are the
(6) A person does not commit an offence under
subregulation (1) in relation to the use of a split face
seal of at least 150 mm in diameter used to prevent
leakage of water from a cooling water pump in a fossil
fuel powered electricity generating station, and
consisting of or containing chrysotile (white asbestos)
mixed with a phenol formaldehyde resin or a cresylic
formaldehyde resin —
(a)
before 1 January 2008, if the Commissioner has given written approval to use the seal at the workplace;
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(b) on and after 1 January 2008, if the location of 1 January 2008.
the seal in the workplace and its use are the
(7) A person does not commit an offence under
subregulation (1) in relation to the use of an article
consisting of or containing chrysotile (white asbestos)
that is the subject of an exemption under Schedule 1B
of the Occupational Health and Safety (Commonwealth
Employment) (National Standards) Regulations 1994
of the Commonwealth —
(a) before 1 January 2008, if the Commissioner has given written approval to use the article at the workplace; (b) on and after 1 January 2008, if the location of the article in the workplace and its use are the same as they were immediately before 1 January 2008.
(8) A person does not commit an offence under
subregulation (1) in relation to the use of an article as
part of a thing if the location of the article in the thing
and its use are the same as they were immediately
before 1 January 2004.(9) In this regulation —
“dangerous substance” has the meaning given to“dangerous goods” in the Dangerous Goods
(Transport) Act 1998 section 3, or in any provision
that on the repeal of that section corresponds tothat definition.
”.
10. Regulation 5.33 amended
(1) Regulation 5.33(2) is amended by inserting after “substance” in
each place where it occurs —“ or article containing a Schedule 5.6 substance ”. (2) Regulation 5.33(3) is amended by inserting after “substance” —
“ or article containing a Schedule 5.6 substance ”.11. Regulation 5.34 amended
Regulation 5.34 is amended as follows:
(a)
by inserting after “a carcinogenic substance” — “ or article containing a Schedule 5.6 substance ”;
(b)
by inserting after “the carcinogenic substance” — “ or article ”.
30 December 2003 GOVERNMENT GAZETTE, WA 5743
12. Regulation 5.35 amended
Regulation 5.35 is amended as follows:
(a) by inserting after “ a carcinogenic substance” — “ or article containing a Schedule 5.6 substance ”; (b) by inserting after “the carcinogenic substance” — “ or article ”. 13. Regulation 5.42 amended
Regulation 5.42 is amended by deleting the definition of
“asbestos”.14. Schedule 5.4 amended
Schedule 5.4 is amended by deleting the item relating to amosite and the item relating to crocidolite.
15. Schedule 5.5 amended
Schedule 5.5 is amended by deleting the item relating to chrysotile.
16. Schedule 5.6 inserted
After Schedule 5.5 the following Schedule is inserted —“ Schedule 5.6 — Carcinogenic substances — asbestos
[Regulation 5.28]
Note: The number in square brackets is the substance’s chemical
abstract number.
Actinolite asbestos [77536-66-5]
Amosite [12172-73-5] (brown asbestos)
Anthophyllite asbestos [77536-67-5]
Crocidolite [12001-28-4] (blue asbestos)
Chrysotile [12001-29-5] (white asbestos)Tremolite asbestos [77536-68-6]
”.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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