Petroleum (Submerged Lands) (Occupational Health and Safety) Amendment Regulations 2004 (No. 1) (Cth)

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Petroleum (Submerged Lands) (Occupational Health and Safety) Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 2732

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Petroleum (Submerged Lands) Act 1967.

Dated 19 August 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

IAN MACFARLANE

Minister for Industry, Tourism and Resources

1Name of Regulations

These Regulations are the Petroleum (Submerged Lands) (Occupational Health and Safety) Amendment Regulations 2004 (No. 1).

2Commencement

These Regulations commence on 1 January 2005.

3Amendment of Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

Schedule 1 amends the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993.

Schedule 1Amendments

(regulation 3)

[1]After regulation 1

insert

1AObjects

The object of these regulations is to prescribe matters related to occupational health and safety on offshore petroleum facilities.

1BRelationship with other regulations made under the Act

The requirements of these Regulations are in addition to the requirements imposed on a person by any other regulations made under the Act.

[2]Subregulation 2 (1), after definition of Act

insert

controlled substance means a substance mentioned in:

  1. (a)

    Schedule 8 to the Customs (Prohibited Exports) Regulations 1958; or

  2. (b)

    Schedule 4 to the Customs (Prohibited Imports) Regulations 1956.

designated work group has the meaning given in clause 2 of Schedule 7 to the Act.

[3]Subregulation 2 (1), definition of election

omit

13

insert

13, 13A

[4]Subregulation 2 (1), definitions of nomination day and returning officer

substitute

employer has the meaning given in clause 2 of Schedule 7 to the Act.

facility has the meaning given in clause 2 of Schedule 7 to the Act.

health and safety representative means a person selected as a health and safety representative for a designated work group under clause 13 of Schedule 7 to the Act.

identity card means an identity card issued, under section 150YM of the Act, to an OHS inspector.

intoxicant means a beverage or other substance for human consumption that contains alcohol (other than a substance for medical or pharmaceutical use).

member of the workforce, in relation to a facility, has the meaning given in clause 2 of Schedule 7 to the Act.

OHS inspector means a person appointed as an OHS inspector under section 150YL of the Act.

operator has the meaning given in clause 2 of Schedule 7 to the Act.

qualified:

  1. (a)

    in relation to a medical practitioner, means qualified or entitled, under a law of a State or Territory, to practise as a medical practitioner; and

  2. (b)

    in relation to a nurse, means qualified or entitled, under a law of a State or Territory, to practise as a nurse; and

  3. (c)

    in relation to a pharmacist, means qualified or entitled, under a law of a State or Territory, to practise as a pharmacist.

returning officer means a person appointed as a returning officer under regulation 6.

Safety Authority means the National Offshore Petroleum Safety Authority established by section 150XD of the Act.

therapeutic drug means a drug that:

  1. (a)

    may be prescribed by a qualified medical practitioner under a law of a State or Territory; or

  2. (b)

    may be sold under that law, without a prescription prepared by a qualified medical practitioner.

[5]Subregulation 2 (1), definition of working day

substitute

work has the meaning given in clause 2 of Schedule 7 to the Act.

workplace has the meaning given in clause 2 of Schedule 7 to the Act.

[6]Subregulation 2 (2)

omit

the Schedule.

insert

Schedule 1.

[7]Regulation 4

omit

[8]Parts 1A and 2

substitute

Part 2Regulations relating to health and safety

4AAvoiding fatigue

  1. (1)

    This regulation applies to:

    1. (a)

      an operator; and

    2. (b)

      an employer; and

    3. (c)

      another person in control of:

      1. (i)

        a facility; or

      2. (ii)

        a part of a facility; or

      3. (iii)

        particular work carried out at a facility.

  2. (2)

    The person must not allow, or require, a member of the workforce who is under the person’s control, to work for:

    1. (a)

      a continuous period; or

    2. (b)

      successive continuous periods;

of a duration that could reasonably be expected to have an adverse effect on the health or safety of the member of the workforce or other persons at or near the facility.

Penalty: 10 penalty units.

4BPossession or control of drugs or intoxicants

  1. (1)

    A person on a facility must not have possession or control of:

    1. (a)

      a controlled substance; or

    2. (b)

      an intoxicant.

Penalty: 10 penalty units.

  1. (2)

    An offence against subregulation (1) is an offence of strict liability.

  2. (3)

    It is a defence to a prosecution under subregulation (1):

    1. (a)

      that the person had possession or control of a controlled substance that is a therapeutic drug; and

    2. (b)

      that the person had the therapeutic drug under his or her possession or control:

      1. (i)

        in the course of the person’s employment; or

      2. (ii)

        in the course of the person’s duties or practice as:

        1. (A)

          a qualified medical practitioner; or

        2. (B)

          a qualified nurse; or

        3. (C)

          a qualified pharmacist; or

      3. (iii)

        in accordance with the law of a State or Territory; or

      4. (iv)

        if the person had lawfully acquired the therapeutic drug — for the person’s bona fide personal use.

4CPerson must leave the facility when instructed to do so

  1. (1)

    A person on a facility must leave the facility if instructed to do so by a person in command of the facility.

Penalty: 10 penalty units.

  1. (2)

    An instruction:

    1. (a)

      in the case of an emergency — may be given orally; or

    2. (b)

      in any other case, relevant to occupational health and safety on the facility:

      1. (i)

        must be in writing; and

      2. (ii)

        must include the reason for the instruction.

4DProhibition on the use of certain hazardous substances

  1. (1)

    This regulation applies to:

    1. (a)

      an operator; and

    2. (b)

      an employer; and

    3. (c)

      another person in control of:

      1. (i)

        a facility; or

      2. (ii)

        a part of a facility; or

      3. (iii)

        particular work carried out at a facility.

  2. (2)

    The person must not allow a hazardous substance, referred to in column 2 of an item in Part 2 or 3 of Schedule 2, to be used in any circumstance other than a circumstance specified in column 3 of the item.

Penalty: 20 penalty units.

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

  2. (4)

    It is a defence to a prosecution against subregulation (2) that the use is in accordance with an exemption granted by the Safety Authority under regulation 4G.

  3. (5)

    Subregulation (2) does not apply to the use of chrysotile asbestos if the chrysotile asbestos is in a product specified in the National List of Exemptions contained in Schedule 2 to the National Model Regulations for the Control of Workplace Hazardous Substances [NOHSC:1005(1994)] published by the National Occupational Health and Safety Commission, as existing from time to time.

4ELimitations on exposure to certain hazardous substances

  1. (1)

    This regulation applies to:

    1. (a)

      an operator; and

    2. (b)

      an employer; and

    3. (c)

      another person in control of:

      1. (i)

        a facility; or

      2. (ii)

        a part of a facility; or

      3. (iii)

        particular work carried out at a facility.

  2. (2)

    The person must not allow a member of the workforce, under the person’s control, to be exposed to an airborne concentration of a hazardous substance in the breathing zone of the member of the workforce at a level that exceeds the appropriate exposure standard for the relevant period of time.

Penalty: 20 penalty units.

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

  2. (4)

    It is a defence to a prosecution against subregulation (2) that the airborne concentration of the hazardous substance in the breathing zone of the member of the workforce is in accordance with an exemption given by the Safety Authority under regulation 4G.

  3. (5)

    In this regulation:

appropriate exposure standard means an airborne concentration for a substance as set out in the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC:1003(1995)] published by the National Occupational Health and Safety Commission, as existing from time to time.

hazardous substance means a substance:

  1. (a)

    that is described in the List of Designated Hazardous Substances [NOHSC:10005(1999)] published by the National Occupational Health and Safety Commission, as existing from time to time; or

  2. (b)

    that has been determined, in writing, to be a hazardous substance by its manufacturer in accordance with the Approved Criteria for Classifying Hazardous Substances [NOHSC:1008(1999)] published by the National Occupational Health and Safety Commission, as existing from time to time; or

  3. (c)

    that is mentioned in Part 3 of Schedule 2.

4FExposure to noise

  1. (1)

    This regulation applies to:

    1. (a)

      an operator; or

    2. (b)

      an employer; or

    3. (c)

      another person in control of:

      1. (i)

        a facility; or

      2. (ii)

        a part of a facility; or

      3. (iii)

        particular work carried out at a facility.

  2. (2)

    The person must not allow a member of the workforce who is under the person’s control to be exposed to a level of noise that is in excess of the noise exposure standard.

Penalty: 20 penalty units.

  1. (3)

    An offence against subregulation (2) is an offence of strict liability.

  2. (4)

    It is a defence to a prosecution for an offence against subregulation (2) that the level of noise to which the member of the workforce is exposed, is in accordance with an exemption given by the Safety Authority under regulation 4G.

  3. (5)

    In this regulation:

noise exposure standard means the noise exposure standard set out in the National Standard for Occupational Noise [NOHSC: 1007(2000)] published by the National Occupational Health and Safety Commission, as existing from time to time.

4GExemptions from hazardous substances and noise requirements

  1. (1)

    This regulation applies to:

    1. (a)

      an operator; or

    2. (b)

      an employer; or

    3. (c)

      another person in control of:

      1. (i)

        a facility; or

      2. (ii)

        a part of a facility; or

      3. (iii)

        particular work carried out at a facility.

  2. (2)

    A person mentioned in subregulation (1) may apply to the Safety Authority for an exemption from compliance with subregulation 4D (2), 4E (2) or 4F (2).

  3. (3)

    The Safety Authority may grant an exemption if it considers that, in specified circumstances, compliance is not practicable.

  4. (4)

    The Safety Authority may specify conditions and limitations on an exemption.

[9]Part 3, heading

substitute

Part 3Election of health and safety representatives

[10]Part 3, Division 1

substitute

Division 1Returning officer

6Appointment of returning officer

  1. (1)

    If, under subclause 13A (3) of Schedule 7 to the Act, an operator is required to conduct an election, or arrange for the conduct of an election, the operator must nominate a person to act as the returning officer for the election.

  2. (2)

    The operator must notify the Safety Authority of the nomination.

  3. (3)

    The Safety Authority may:

    1. (a)

      approve the nomination and appoint the nominee as returning officer; or

    2. (b)

      appoint another person as returning officer.

[11]Part 3, Division 2

omit

[12]Part 3, Division 3, heading

substitute

Division 2The poll

[13]Subregulation 13 (2)

omit

4 and 5.

insert

3 and 4.

[14]Regulation 14

omit

6,

insert

5,

[15]Part 3, Division 4, heading

substitute

Division 3Polling by secret ballot

[16]Paragraph 16 (b)

substitute

  1. (b)

    set out the name of each candidate in alphabetical order; and

[17]Subparagraph 18 (2) (c) (i)

omit

employees

insert

members of the workforce

[18]Part 3, Division 5, heading

substitute

Division 4The count

[19]Subregulation 23 (1)

substitute

  1. (1)

    As soon as practicable after the close of the poll, the returning officer must count the votes for each candidate.

  2. (1A)

    A scrutineer, appointed under regulation 20, may be present at the count.

[20]Subregulation 23 (2)

omit

not less than one working day

insert

as soon as practicable

[21]Paragraph 24 (1) (a)

omit

not less than one working day

insert

as soon as practicable

[22]Part 3, Division 6, heading

substitute

Division 5Result of election

[23]Paragraph 30 (1) (a)

substitute

  1. (a)

    the operator of the facility to which the election relates; and

[24]Paragraph 30 (1) (b)

substitute

  1. (b)

    the Safety Authority;

[25]Regulation 31

substitute

31OHS inspectors — identity cards

For paragraph 150YM (2) (a) of the Act, an identity card issued to an OHS inspector by the Safety Authority, under section 150YM of the Act, must include the following information:

  1. (a)

    the OHS inspector’s name;

  2. (b)

    the date on which the OHS inspector was appointed;

  3. (c)

    if the OHS inspector is an officer of a statutory authority established under a law of the Commonwealth or of a State or Territory — the name of the authority;

  4. (d)

    if the OHS inspector is not an officer of such a statutory authority — the functions for which the person has been appointed;

  5. (e)

    powers that have been delegated to the person under the Act or a State or Territory law that deals with matters similar to the matters dealt with in the Act;

  6. (f)

    the identification number of the identity card;

  7. (g)

    the expiry date of the identity card;

  8. (h)

    instructions for the return of the identity card, if found.

[26]Subregulation 32 (1)

omit

practicably divisible, the investigator

insert

safely and practicably divisible, the OHS inspector

[27]Paragraph 32 (1) (c)

substitute

  1. (c)

    give 1 part to the operator or the employer for whom the substance or thing was being used; and

[28]Subregulation 32 (2)

omit

practicably divisible, the investigator

insert

safely and practicably divisible, the OHS inspector

[29]Subregulation 32 (3)

omit

investigator

insert

OHS inspector

[30]Regulation 33

omit

investigator

insert

elected health and safety representative or OHS inspector

[31]Paragraph 33 (b)

omit

33 (2)

insert

33 (1)

[32]Regulation 34

omit

[33]After Part 4

insert

Part 4AExemptions from the requirements in Part 3 of Schedule 7 to the Act

34Orders under clause 27A of Schedule 7 to the Act

  1. (1)

    For subclause 27A (1) of Schedule 7 to the Act, a person may apply in writing to the Safety Authority for an order exempting the person from 1 or more of the provisions of Part 3 of the Schedule.

(2) Within 28 days after the Safety Authority receives an application, the Safety Authority must decide whether or not to make the order.

  1. (3)

    In making the decision, the Safety Authority must:

    (a) consult with persons who might be affected by the decision to grant or refuse an exemption; and

    1. (b)

      take into account submissions made by those persons.

Examples

1 If an operator applies for an exemption, a health and safety representative might be an affected person.

2 If a health and safety representative applies for an exemption, an operator might be an affected person.

(4) In granting an exemption, the Safety Authority:

  1. (a)

    may grant an exemption subject to conditions; and

  2. (b)

    may specify a period of time in which an exemption applies.

  1. (5)

    The Safety Authority must give reasons for the decision.

    Part 4BState and Northern Territory laws that do not apply

34ALaws or parts of laws that do not apply

  1. (1)

    For subsection 9 (2A) of the Act, for a State listed in column 1 of the table the laws or parts of laws listed in column 2 of the table are prescribed.

Item

State

Laws or parts of laws

1

New South Wales

Dangerous Goods Act 1975

Electricity Safety Act 1945

Explosives Act 2003

Occupational Health and Safety Act 2000

2

Victoria

Dangerous Goods Act 1985

Electricity Safety Act 1998

Gas Safety Act 1997

Occupational Health and Safety Act 1985

3

Queensland

Dangerous Goods Safety Management Act 2001

Electrical Safety Act 2002

Explosives Act 1999

Petroleum Act 1923 to the extent that it relates to occupational health and safety

Workplace Health and Safety Act 1995

4

Western Australia

Dangerous Goods Safety Act 2004

Electricity Act 1945 to the extent that it relates to occupational health and safety

Explosives and Dangerous Goods Act 1961

Occupational Safety and Health Act1984

Petroleum Act 1967 to the extent that it relates to occupational health and safety

Petroleum Pipelines Act 1969 to the extent that it relates to occupational health and safety

Petroleum Safety Act 1999

5

South Australia

Dangerous Substances Act 1979

Electricity Act 1996 to the extent that it relates to occupational health and safety

Explosives Act 1936

Occupational Health, Safety and Welfare Act 1986

Petroleum Act 2000

6

Tasmania

Dangerous Goods Act 1998

Electricity Industry Safety and Administration Act 1997

Gas Act 2000 to the extent that it relates to occupational health and safety

Gas Pipelines Act 2000 to the extent that it relates to occupational health and safety

Workplace Health and Safety Act 1995

  1. (2)

    For subsection 11 (2A) of the Act, the following laws or parts of laws of the Northern Territory are prescribed in relation to the Northern Territory:

    1. (a)

      Dangerous Goods Act;

    2. (b)

      Part 5 of the Electricity Reform Act;

    3. (c)

      Part IIIA of the Petroleum Act;

    4. (d)

      Part IV of the Work Health Act.

  2. (3)

    For subsection 9 (2D) of the Act, the laws or parts of laws mentioned in column 3 of an item in the table in subregulation (1), that are substantive criminal law, are prescribed in relation to the State mentioned in column 2 of the item.

  3. (4)

    For subsection 11 (2D) of the Act, the laws or parts of laws mentioned in subregulation (2), that are substantive criminal law, are prescribed in relation to the Northern Territory.

  4. (5)

    In this regulation:

substantive criminal law has the meaning given in subclause 1 (1) of Schedule 1 to the Crimes at Sea Act 2000.

[34]Subregulation 35 (1)

omit

[35]After Part 5

insert

Part 6Transitional

36Election commenced but not completed before 1 January 2005

If the process for the election of a health and safety representative has commenced, but has not been completed, before 1 January 2005, the law in relation to the conduct of elections in force before 1 January 2005 applies to the election.

[36]Schedule, heading

substitute

Schedule 1Forms

(subregulation 2 (2))

[37]Schedule, Form 1

omit

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations

insert

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

[38]Schedule, Form 1

omit

appointed

insert

selected

[39]Schedule, Form 1

after

13

insert

or 13A

[40]Schedule, Form 1, note 1

omit

Designated Authority or an inspector

insert

Safety Authority or an OHS inspector

[41]Schedule, Form 1, note 2

omit

an employer

insert

a responsible person

[42]Schedule, Form 1, note 2

omit

employee working for the employer

insert

group member affected by the notice

[43]Schedule, Form 1, note 3

before

inspector

insert

OHS

[44]Schedule, Form 1, note 5

before

inspector

insert

OHS

[45]Schedule, Form 1, note 5

omit

· an employer affected by the inspector’s decision; or

insert

· the operator of the facility or an employer affected by the decision; or

[46]Schedule, Form 1, note 5

omit

· the health and safety representative or involved union for a designated work group whose employees are affected by the decision; or

insert

· the health and safety representative for a designated work group that includes a group member affected by the decision; or

[47]Schedule, Form 1, note 5

omit

· if there is no designated work group — an involved union in relation to the affected employee;

insert

· a workforce representative in relation to the designated work group that includes a group member affected by the decision; or

· if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;

[48]Schedule, Form 1, note 5

omit

review the inspector’s

insert

review the OHS inspector’s

[49]Schedule, Form 2

omit

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations

insert

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

[50]Schedule, Form 2

omit

employer or of

insert

operator, employer or

[51]Schedule, Form 2

omit

(name of inspector), an inspector appointed under section 125 of the Act, in the course of conducting an investigation

insert

(name of OHS inspector), an OHS inspector appointed under section 150YL of the Act, in the course of conducting an inspection

[52]Schedule, Form 2

omit

(Inspector)

insert

(OHS Inspector)

[53]Schedule, Form 2, notes 2 and 3

substitute

2. Under clause 39 of Schedule 7 to the Act, a person who tampers with, or removes, a notice, before the item has been returned to the workplace, may be liable to a penalty of imprisonment for 6 months.

3. Under subclause 36 (7A) of Schedule 7 to the Act, if a notice is issued to the operator or to an employer of members of the workforce, the operator’s representative at the facility must:

(a) give a copy of the notice to each health and safety representative for a designated work group having group members performing work that is affected by the notice; and

  1. (b)

    cause a copy of the notice to be displayed in a prominent place at or near each workplace at which the work is being performed.

[54]Schedule, Form 2, note 4

omit

review the inspector’s

insert

review the OHS inspector’s

[55]Schedule, Form 2, note 4

omit

· an employer affected by the inspector’s decision;

insert

· the operator of the facility or an employer affected by the decision;

[56]Schedule, Form 2, note 4

omit

· the health and safety representative or an involved union for a designated work group in which is included an employee affected by the decision;

insert

· the health and safety representative for a designated work group that includes a group member affected by the decision;

[57]Schedule, Form 2, note 4

omit

· if there is no such designated work group — an involved union in relation to the employee;

insert

· a workforce representative in relation to the designated work group that includes a group member affected by the decision;

· if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;

[58]Schedule, Form 3

omit

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations

insert

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

[59]Schedule, Form 3

omit

(name of person in charge of operations at workplace)

insert

(name of operator’s representative at the facility)

[60]Schedule, Form 3

omit

(name of inspector), an inspector appointed under section 125 of the Act,

insert

(name of OHS inspector) an OHS inspector appointed under section 150YL of the Act,

[61]Schedule, Form 3

omit

(Inspector)

insert

(OHS Inspector)

[62]Schedule, Form 3, note 1

substitute

1. Under clause 34 of Schedule 7 to the Act, an operator of a facility who does not ensure that a notice is complied with may be liable to a penalty of 250 penalty units.

[63]Schedule, Form 3, note 3

omit

review the inspector’s decision

insert

review the OHS inspector’s decision

[64]Schedule, Form 3, note 3

omit

· an employer affected by the inspector’s decision;

insert

· the operator of the facility or an employer affected by the decision;

[65]Schedule, Form 3, note 3

omit

· the health and safety representative or an involved union for a designated work group in which is included an employee affected by the decision;

insert

· the health and safety representative for a designated work group that includes a group member affected by the decision;

[66]Schedule, Form 3, note 3

omit

· if there is no such designated work group — an involved union in relation to the employee;

insert

· a workforce representative in relation to the designated work group that includes a group member affected by the decision;

· if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;

[67]Schedule, Form 4

omit

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations

insert

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

[68]Schedule, Form 4

omit

(name and address of employer)

insert

(name of operator’s representative at the facility)

[69]Schedule, Form 4

omit

and (name and address of owner of workplace, plant or thing, if different from the employer)

[70]Schedule, Form 4

omit

I, (name of inspector), an inspector appointed under section 125 of the Act, am of the opinion that the person named above is the employer at:

(location of workplace)

where an activity is being undertaken that immediately threatens the health and safety of a person at or near the workplace.

insert

I, (name of OHS inspector), an OHS inspector appointed under section 150YL of the Act, am satisfied that it is necessary to issue a prohibition notice to the operator of (name of the facility) in order to remove an immediate threat to the health or safety of a person.

[71]Schedule, Form 4

omit

(Inspector)

insert

(OHS Inspector)

[72]Schedule, Form 4, note 1

substitute

1. Under clause 35 of Schedule 7 to the Act, an operator who fails to ensure that this notice is complied with, to the extent that it relates to a matter over which the operator has control, may be liable to a penalty of 250 penalty units.

[73]Schedule, Form 4, notes 3, 4 and 5

substitute

3. Under clause 37 of Schedule 7 to the Act, any of the following persons may request the Australian Industrial Relations Commission, in writing, to review the OHS inspector’s decision:

(a) the operator of the facility or an employer who is affected by the decision;

  1. (b)

    a person to whom a prohibition notice has been issued;

  2. (c)

    the health and safety representative for a designated work group that has a group member affected by the decision;

  3. (d)

    a workforce representative in relation to the designated work group that includes a group member affected by the decision;

  4. (e)

    if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;

  5. (f)

    the owner of any plant, substance or thing to which the OHS inspector’s decision relates.

[74]Schedule, Form 5

substitute

Form 5Improvement notice

(paragraph 33 (e))

Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993

To: (name of responsible person)

I, (name of OHS inspector), an OHS inspector appointed under section 150YL of the Act, am satisfied that the person named above as the responsible person is contravening, or has contravened, and is likely to contravene:

  1. (a)

    clause of Schedule 7 to the Act; or

  2. (b)

    regulation ;

at

(location of workplace).

The reasons for my opinion are:

(brief description of contravention)

You are required to take action within (insert number) days of the date of this notice to prevent any further contravention or likely contravention of the clause or regulation.

*The following action must be taken by the responsible person within the period specified above:

(If insufficient space, use additional page)

Signed: (OHS Inspector)

Dated:

*(Omit if inapplicable)

(Page 2 of Form 5)

When the required improvement has been completed, return this part of the notice to the following person at the address below:

Name:

Position:

Address:

Telephone number:

Improvement Notice No. has been complied with.

Signed:

----------------------------------------------------------------------------------------

This notice was delivered to: (insert name)

in the office or position of (insert office or position)

at: (insert time, am or pm) on (insert date).

(See notes on page 3)

(Page 3 of Form 5)

NOTES

1. Under clause 36 of Schedule 7 to the Act, a person who fails to ensure that this notice is complied with, to the extent that it relates to a matter over which the person has control, may be liable to a penalty of 100 penalty units.

2. This notice must be displayed in a prominent place at the workplace and, under clause 39 of Schedule 7 to the Act, must not be tampered with or removed before the notice has ceased to have effect.

3. This notice ceases to have effect when the OHS inspector notifies the responsible person that he or she is satisfied that the responsible person has taken adequate action to remove the threat to health and safety that caused the notice to be issued. If the OHS inspector has specified action that the responsible person should take to remove the threat, the responsible person should advise the OHS inspector as soon as the action has been taken.

4. Under subclause 36 (7A) of Schedule 7 to the Act, an operator, or an employer of a member of the workforce to whom this notice is given must:

(a) give a copy of the notice to each health and safety representative for a designated workgroup having group members performing work that is affected by the notice; and

  1. (b)

    display a copy of the notice in a prominent place at or near each workplace at which the work is being performed.

5. Under subclause 36 (8) of Schedule 7 to the Act, any of the following persons may request the Australian Industrial Relations Commission to review the OHS inspector’s decision:

(a) the operator of the facility or an employer affected by the decision;

  1. (b)

    any person to whom an improvement notice has been issued;

  2. (c)

    the health and safety representative for a designated work group that includes a group member affected by the decision;

  3. (d)

    a workforce representative in relation to a designated work group that includes a group member affected by the decision;

  4. (e)

    if there is no designated work group — a workforce representative in relation to a member of the workforce affected by the decision;

  5. (f)

    the owner of any plant, substance or thing to which the inspector’s decision relates.

[75]After Schedule

insert

Schedule 2Hazardous substances

(Regulation 4D)

Part 1Interpretation

  1. 101

    In this Schedule:

bona fide research means a systematic, investigative or experimental activity conducted for the purpose of:

  1. (a)

    acquiring new knowledge; or

  2. (b)

    creating new or improved materials, products, devices, processes or services; or

  3. (c)

    analysis to identify the kind or quantities of ingredients in a substance.

in situ, in relation to a product that contains asbestos, means that, at the time the use of the form of asbestos in the product is prohibited under regulation 4D, the product is fixed or installed:

  1. (a)

    in:

    1. (i)

      a building or any other structure that forms a workplace; or

    2. (ii)

      a plant, a vehicle or any other thing that is for use at a workplace; and

  2. (b)

    in a way that does not constitute a risk to users until the asbestos contained in the product is disturbed.

    Part 2Permitted circumstances for using certain hazardous substances

Item

Substance (identified by substance name)

Permitted circumstance

201

Polychlorinated biphenyls (also known as PCBs)

1. Handling for storage prior to removal or disposal.

2. Storage prior to removal or disposal.

3. Removal or disposal.

4. Use when contained in existing electrical equipment or construction material.

5. Repair of existing electrical equipment or construction material.

Part 3Permitted circumstances for using certain hazardous substances with carcinogenic properties

Item

Substance (identified by substance name, with chemical abstract number in square brackets)

Permitted circumstance

301

2-Acetylaminofluorene [53-96-3]

Bona fide research

302

Aflatoxins

Bona fide research

303

4-Aminodiphenyl [92-67-1]

Bona fide research

304

Amosite (brown asbestos) [12172-73-5]

1. Bona fide research.

2. Handling for storage prior to removal or disposal of amosite.

3. Storage prior to removal or disposal of amosite.

4. Removal or disposal of amosite in accordance with a law of a State or Territory relating to the removal of asbestos.

5. Disturbance of naturally occurring amosite that is incidental to operations not related to the extraction or processing of amosite, for example, roadworks.

6. Use (without disturbance) of amosite in products that are in situ.

305

Benzidine [92-87-5] and its salts, including benzidine dihydrochloride [531-85-1]

Bona fide research

306

bis(Chloromethyl) ether

[542-88-1]

Bona fide research

307

Chloromethyl methyl ether (technical grade containing bis(chloromethyl) ether)

[107-30-2]

Bona fide research

308

Crocidolite (blue asbestos) [12001-28-4]

1. Bona fide research.

2. Handling for storage prior to removal or disposal of crocidolite.

3. Storage prior to removal or disposal of crocidolite.

4. Removal or disposal of crocidolite in accordance with a law of a State or Territory relating to the removal of asbestos.

5. Disturbance of naturally occurring crocidolite that is incidental to operations not related to the extraction or processing of crocidolite, for example, roadworks.

6. Use (without disturbance) of crocidolite in products that are in situ.

309

4-Dimethylaminoazo-benzene [60-11-7]

Bona fide research

310

2-Naphthylamine [91-59-8] and its salts

Bona fide research

311

4-Nitrodiphenyl [92-93-3]

Bona fide research

312

Actinolite asbestos [77536-66-4]

1. Bona fide research.

2. Handling for storage prior to removal or disposal of actinolite.

3. Storage prior to removal or disposal of actinolite.

4. Removal or disposal of actinolite in accordance with a law of a State or Territory relating to the removal of asbestos.

5. Disturbance of naturally occurring actinolite that is incidental to operations not related to the extraction or processing of actinolite, for example, roadworks.

6. Use (without disturbance) of actinolite in products that are in situ.

313

Anthophyllite asbestos

[77536-67-5]

1. Bona fide research.

2. Handling for storage prior to removal or disposal of anthophyllite.

3. Storage prior to removal or disposal of anthophyllite.

4. Removal or disposal of anthophyllite in accordance with a law of a State or Territory relating to the removal of asbestos.

5. Disturbance of naturally occurring anthophyllite that is incidental to operations not related to the extraction or processing of anthophyllite, for example, roadworks.

6. Use (without disturbance) of anthophyllite in products that are in situ.

314

Chrysotile (white asbestos) [12001-29-5]

1. Bona fide research.

2. Handling for storage prior to removal or disposal of chrysotile.

3. Storage prior to removal or disposal of chrysotile.

4. Removal or disposal of chrysotile in accordance with a law of a State or Territory relating to the removal of asbestos.

5. Disturbance of naturally occurring chrysotile that is incidental to operations not related to the extraction or processing of chrysotile, for example, roadworks.

6. Use (without disturbance) of chrysotile in products that are in situ.

315

Tremolite asbestos [77536-68-6]

1. Bona fide research.

2. Handling for storage prior to removal or disposal of tremolite.

3. Storage prior to removal or disposal of tremolite.

4. Removal or disposal of tremolite in accordance with a law of a State or Territory relating to the removal of asbestos.

5. Disturbance of naturally occurring tremolite that is incidental to operations not related to the extraction or processing of tremolite, for example, roadworks.

6. Use (without disturbance) of tremolite in products that are in situ.

Note This Part sets out the prohibitions and permitted uses that apply to all Australian workplaces under a national agreement. However, not all items and permitted uses are relevant to offshore petroleum operations.

Notes

1. These Regulations amend Statutory Rules 1993 No. 282, as amended by 1994 No. 339; 1995 No. 377; 2001 No. 346.

2. Notified in the Commonwealth of Australia Gazette

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