Work Health and Safety Amendment Regulation 2022 (No 1) (ACT)
Work Health and Safety Amendment Regulation 2022 (No 1)
Subordinate Law SL2022-12
The Australian Capital Territory Executive makes the following regulation under the Work Health and Safety Act 2011.
Dated 29 June 2022.
Andrew Barr
Chief Minister
Mick Gentleman
Minister
Work Health and Safety Amendment Regulation 2022 (No 1)
Subordinate Law SL2022-12
made under the
Work Health and Safety Act 2011
Contents
Page
1 Name of regulation 1
2 Commencement 1
3 Legislation amended 1
4 Section 223 (6) and note 1
5 New section 338 (2) 1
6 Section 341 (2), except notes 2
7 Section 342 (1A), except notes 2
8 Section 342 (2A), except notes 3
9 New chapter 7A 3
10 Section 488 (1A) 7
11 Section 490 (1A) 7
12 Schedule 5, subsection 5.1.1 7
13 Schedule 5, subsection 5.1.1, note 8
14 Schedule 5, section 5.2 (1) (ab) and notes 8
15 Schedule 5, subsections 5.3.1 and 5.3.2 8
16 Schedule 5, section 5.4 (1) (a) and notes 9
17 Schedule 6, table 6.1, note 9
18 Schedule 6, table 6.2, note 2 9
19 Schedule 6, table 6.3, note 2 9
20 Schedule 6, table 6.4, note 2 10
21 Schedule 6, table 6.5, note 2 10
22 Schedule 7, section 7.1 (2) (a) 10
23 Schedule 7, section 7.1 (2) (g) 10
24 Schedule 8, table 8.2, item 13, column 3 10
25 Schedule 8, table 8.3, item 3, column 2 11
26 Schedule 11, table 11.1 and notes 11
27 Dictionary, new definitions 15
28 Dictionary, definition of GHS and note 1 16
29 Dictionary, new definition of GHS 3 16
30 Dictionary, definition of hazardous chemical and note 16
31 Dictionary, new definitions 17
Schedule 1 Other amendments 18
Name of regulation
This regulation is the Work Health and Safety Amendment Regulation 2022 (No 1).
Commencement
(1)This regulation (other than sections 10 and 11 and schedule 1) commences on the 14th day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)Sections 10 and 11 commence on 1 July 2022.
(3)Schedule 1 commences on 1 July 2023.
Legislation amended
This regulation amends the Work Health and Safety Regulation 2011.
Section 223 (6) and note
omit
AS 2397:1993
substitute
AS 2397:2015
New section 338 (2)
after the note, insert
(2)Subsection (1) does not apply to a hazardous chemical manufactured or imported before 1 January 2023 that was, at the time it was manufactured or imported, labelled in accordance with GHS 3.
Section 341 (2), except notes
substitute
(2)Subsection (1) does not apply to a hazardous chemical—
(a)supplied before 1 January 2017 that was, at the time it was supplied, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time; or
(b)supplied before 1 January 2023 that was, at the time it was supplied, labelled in accordance with GHS 3; or
(c)manufactured or imported before 1 January 2023 that was, at the time it was manufactured or imported, labelled in accordance with GHS 3.
Section 342 (1A), except notes
substitute
(1A)Subsection (1) does not apply to a hazardous chemical—
(a)manufactured at the workplace, or transferred or decanted from its original container at the workplace, before 1 January 2017 that was, at the time it was manufactured, or transferred or decanted from its original container, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time; or
(b)manufactured at the workplace before 1 January 2023 that was, at the time it was manufactured, labelled in accordance with GHS 3; or
(c)transferred or decanted from its original container at the workplace that was—
(i)manufactured or imported before 1 January 2023; and
(ii)at the time it was manufactured or imported, labelled in accordance with GHS 3.
Section 342 (2A), except notes
substitute
(2A)Subsection (2) does not apply to a container—
(a)supplied before 1 January 2017 that was, at the time it was supplied, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time; or
(b)supplied before 1 January 2023 that was, at the time it was supplied, labelled in accordance with GHS 3; or
(c)manufactured or imported before 1 January 2023 that was, at the time it was manufactured or imported, labelled in accordance with GHS 3.
New chapter 7A
insert
Chapter 7ACrystalline silica
418ADefinitions—ch 7A
(1)In this chapter:
airborne crystalline silica means an airborne contaminant containing respirable crystalline silica.
Class H vacuum cleaner means a vacuum cleaner that complies with the requirements of Class H of AS/NZS 60335.2.69:2017 (Household and similar electrical appliances – Safety, Part 2.69: Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use), or requirements equivalent to the standard.
Class M vacuum cleaner means a vacuum cleaner that complies with the requirements of Class M of AS/NZS 60335.2.69:2017 (Household and similar electrical appliances – Safety, Part 2.69: Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use), or requirements equivalent to the standard.
NoteAS/NZS 60335.2.69.2017 does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The standard may be purchased at includes crush, drill, grind, polish, sand and trim.
local exhaust ventilation system means an engineering control that reduces worker exposure to airborne crystalline silica in the workplace by capturing the emission of airborne crystalline silica at the source and transporting it to a safe emission point, filter or scrubber.
material containing crystalline silica means—
(a)engineered stone; or
(b)any cement, concrete, masonry, mortar or brick product containing crystalline silica; or
(c)natural stone containing crystalline silica.
respiratory protective equipment means personal protective equipment that—
(a)is designed to protect the wearer from inhaling airborne crystalline silica; and
(b)complies with AS/NZS 1716:2012 (Respiratory protective devices) or requirements equivalent to the standard.
NoteAS/NZS 1716:2012 does not need to be notified under the
Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The standard may be purchased at this section:engineered stone means a stone that is artificially produced by combining natural stone that contains crystalline silica with other materials such as resin and pigment.
418BUncontrolled dry cutting of material containing crystalline silica
A person conducting a business or undertaking at a workplace must not direct or allow a worker to cut material containing crystalline silica with a power tool or use another mechanical process unless—
(a)a water delivery system supplying a continuous feed of water over the cutting area is used to suppress airborne crystalline silica produced by the cutting; and
(b)at least 1 of the following control measures is in place:
(i)the place where the cutting occurs is isolated from the rest of the workplace;
(ii)a Class H vacuum is attached to the tool used for cutting;
(iii)for material containing less than 25% crystalline silica—a Class M vacuum is attached to the tool used for cutting;
(iv)a local exhaust ventilation system is used.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
418CEffective control measures for cutting material containing crystalline silica
A person conducting a business or undertaking at a workplace must ensure that the risk of cutting material containing crystalline silica with a power tool or using another mechanical process is—
(a)eliminated so far as is reasonably practicable; or
(b)if it is not reasonably practicable to eliminate the risk—minimised so far as is reasonably practicable by—
(i)using a water delivery system supplying a continuous feed of water over the cutting area to suppress airborne crystalline silica produced by the cutting with at least 1 of the following control measures:
(A)the place where the cutting occurs is isolated from the rest of the workplace;
(B)attaching a Class H vacuum to the tool used for cutting;
(C)for material containing less than 25% crystalline silica—attaching a Class M vacuum to the tool used for cutting;
(D)using a local exhaust ventilation system; and
(ii)ensuring each worker at the workplace who may be exposed to airborne crystalline silica produced by the cutting is wearing respiratory protective equipment.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Section 488 (1A)
substitute
(1A)A person who holds an equivalent licence (other than a licensee who also holds a licence granted under an ACT law) must notify the regulator before undertaking asbestos removal work in the ACT for the first time after the commencement of this subsection, that the licensee intends to undertake the work in the ACT.
Section 490 (1A)
substitute
(1A)A person who holds an equivalent licence (other than a licensee who also holds a licence granted under an ACT law) must notify the regulator before undertaking asbestos assessor work in the ACT for the first time after the commencement of this subsection, that the licensee intends to undertake the work in the ACT.
Schedule 5, subsection 5.1.1
omit
AS 4343:2005 (Pressure equipment—hazard levels)
substitute
AS 4343:2014 (Pressure equipment—Hazard levels)
Schedule 5, subsection 5.1.1, note
omit
AS 4343:2005
substitute
AS 4343:2014
Schedule 5, section 5.2 (1) (ab) and notes
substitute
(ab)any pressure equipment (other than a gas cylinder) excluded from the scope of AS/NZS 1200:2015 (Pressure equipment); or
Note 1See paragraph A3 of AS/NZS 1200:2015, Appendix A.
Note 2AS/NZS 1200:2015 does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The standard may be purchased at >
Schedule 5, subsections 5.3.1 and 5.3.2
omit
AS 4343:2005
substitute
AS 4343:2014
Schedule 5, section 5.4 (1) (a) and notes
substitute
(a)any pressure equipment (other than a gas cylinder) excluded from the scope of AS/NZS 1200:2015 (Pressure equipment); or
Note 1See paragraph A3 of AS/NZS 1200:2015, Appendix A.
Note 2AS/NZS 1200:2015 does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The standard may be purchased at >
Schedule 6, table 6.1, note
substitute
NoteTable 6.1 replaces table 3.4.5 in—
(a)the GHS, p 159; and
(b)the GHS 3, p 151.
Schedule 6, table 6.2, note 2
substitute
Note 2Table 6.2 replaces table 3.6.1 in—
(a)the GHS, p 174; and
(b)the GHS 3, p 166.
Schedule 6, table 6.3, note 2
substitute
Note 2Table 6.3 replaces table 3.7.1 in—
(a)the GHS, p 187; and
(b)the GHS 3, p 180.
Schedule 6, table 6.4, note 2
substitute
Note 2Table 6.4 replaces table 3.8.2 in—
(a)the GHS, p 197; and
(b)the GHS 3, p 192.
Schedule 6, table 6.5, note 2
substitute
Note 2Table 6.5 replaces table 3.9.3 in—
(a)the GHS, p 207; and
(b)the GHS 3, p 203.
Schedule 7, section 7.1 (2) (a)
omit
: Product identifier and chemical identity
Schedule 7, section 7.1 (2) (g)
omit
, including how the chemical may be safely used
Schedule 8, table 8.2, item 13, column 3
omit
category 2A
substitute
category 2
Schedule 8, table 8.3, item 3, column 2
omit
(category 2A)
substitute
(category 2)
Schedule 11, table 11.1 and notes
substitute
Table 11.1
column 1 column 2 column 3 column 4 column 5 item description of hazardous chemical placard quantity manifest quantity 1 flammable gases category 1A or 1B or a combination of the categories 200L 5 000L 2 gases under pressure with acute toxicity, categories 1, 2, 3 or 4 50L 500L 3 with skin corrosion categories 1A, 1B or 1C 50L 500L 4 not specified elsewhere in this table 1 000L 10 000L 5 flammable liquids category 1 50L 500L 6 category 2 250L 2 500L 7 category 3 1 000L 10 000L 8 any combination of chemicals from items 5 to 7 where none of the items exceeds the quantities in columns 4 or 5 on their own 1 000L 10 000L 9 category 4 10 000L 100 000L 10 self-reactive substances type A 5kg or 5L 50kg or 50L 11 type B 50kg or 50L 500kg or 500L 12 type C to F 250kg or 250L 2 500kg or 2 500L 13 flammable solids category 1 250kg 2 500kg 14 category 2 1 000kg 10 000kg 15 any combination of chemicals from items 11 to 14 where none of the items exceeds the quantities in columns 4 or 5 on their own 1 000kg or 1 000L 10 000kg or 10 000L 16 pyrophoric liquids and pyrophoric solids category 1 50kg or 50L 500kg or 500L 17 self-heating substances and mixtures category 1 250kg or 250L 2 500kg or 2 500L 18 category 2 1 000kg or 1 000L 10 000kg or 10 000L 19 any combination of chemicals from items 16 to 18 where none of the items exceeds the quantities in columns 4 or 5 on their own 1 000kg or 1 000L 10 000kg or 10 000L 20 substances which in contact with water emit flammable gas category 1 50kg or 50L 500kg or 500L 21 category 2 250kg or 250L 2 500kg or 2 500L 22 category 3 1 000kg or 1 000L 10 000kg or 10 000L 23 any combination of chemicals from items 20 to 22 where none of the items exceeds the quantities in columns 4 or 5 on their own 1 000kg or 1 000L 10 000kg or 10 000L 24 oxidising liquids and oxidising solids category 1 50kg or 50L 500kg or 500L 25 category 2 250kg or 250L 2 500kg or 2 500L 26 category 3 1 000kg or 1 000L 10 000kg or 10 000L 27 any combination of chemicals from items 24 to 26 where none of the items exceeds the quantities in columns 4 or 5 on their own 1 000kg or 1 000L 10 000kg or 10 000L 28 organic peroxides type A 5kg or 5L 50kg or 50L 29 type B 50kg or 50L 500kg or 500L 30 type C to F 250kg or 250L 2 500kg or 2 500L 31 any combination of chemicals from items 29 and 30 where none of the items exceeds the quantities in columns 4 or 5 on their own 250kg or 250L 2 500kg or 2 500L 32 acute toxicity category 1 50kg or 50L 500kg or 500L 33 category 2 250kg or 250L 2 500kg or 2 500L 34 category 3 1 000kg or 1 000L 10 000kg or 10 000L 35 any combination of chemicals from items 32 to 34 where none of the items exceeds the quantities in columns 4 or 5 on their own 1 000kg or 1 000L 10 000kg or 10 000L 36 skin corrosion category 1A 50kg or 50L 500kg or 500L 37 category 1B 250kg or 250L 2 500kg or 2 500L 38 category 1C 1 000kg or 1 000L 10 000kg or 10 000L 39 corrosive to metals category 1 1 000kg or 1 000L 10 000kg or 10 000L 40 any combination of chemicals from items 36 to 39 where none of the items exceeds the quantities in columns 4 or 5 on their own 1 000kg or 1 000L 10 000kg or 10 000L 41 unstable explosives 5kg or 5L 50kg or 50L 42 unstable chemicals any combination of chemicals from item 10, item 28 and item 41 where none of the items exceeds the quantities in columns 4 or 5 on their own 5kg or 5L 50kg or 50L 43 aerosols category 1, 2 or 3 or any combination of categories 1, 2 or 3 5 000L 10 000L Note 1In item 2, gases under pressure with acute toxicity, category 4 only applies up to a LC50 of 5 000 ppmV. This is equivalent to dangerous goods assigned as class 2, div 2.3 (Toxic gases) in the ADG Code.
Note 2Item 43 includes flammable aerosols.
Dictionary, new definitions
insert
airborne crystalline silica, for chapter 7A (Crystalline silica)—see section 418A.
Class H vacuum cleaner, for chapter 7A (Crystalline silica)—see section 418A.
Class M vacuum cleaner, for chapter 7A (Crystalline silica)—see section 418A.
cut, for chapter 7A (Crystalline silica)—see section 418A.
Dictionary, definition of GHS and note 1
omit
3rd
substitute
7th
Dictionary, new definition of GHS 3
insert
GHS 3 means the Globally Harmonized System of Classification and Labelling of Chemicals, 3rd revised edition, published by the United Nations, as modified under schedule 6 (Classification of mixtures).
Note 1The Globally Harmonized System of Classification and Labelling of Chemicals, 3rd revised edition does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The System is available at 2The sch 6 tables replace some tables in the GHS 3.
Dictionary, definition of hazardous chemical and note
substitute
hazardous chemical means a substance, mixture or article that satisfies the criteria for any one or more hazard classes in the GHS (including a classification referred to in Schedule 6), unless the only hazard class or classes for which the substance, mixture or article satisfies the criteria are any 1 or more of the following:
(a)acute toxicity—oral—category 5;
(b) acute toxicity—dermal—category 5;
(c)acute toxicity—inhalation—category 5;
(d)skin corrosion/irritation—category 3;
(e)aspiration hazard—category 2;
(f)flammable gas—category 2;
(g)acute hazard to the aquatic environment—category 1, 2 or 3;
(h)chronic hazard to the aquatic environment—category 1, 2, 3 or 4;
(i)hazardous to the ozone layer.
NoteThe sch 6 tables replace some tables in the GHS.
Dictionary, new definitions
insert
local exhaust ventilation system, for chapter 7A (Crystalline silica)—see section 418A.
material containing crystalline silica, for chapter 7A (Crystalline silica)—see section 418A.
respiratory protective equipment, for chapter 7A (Crystalline silica)—see section 418A.
Schedule 1Other amendments
(see s 3)
[1.1]Chapter 7A
substitute
Chapter 7ACrystalline silica
418ADefinitions—ch 7A
(1)In this chapter:
airborne crystalline silica means an airborne contaminant containing respirable crystalline silica.
Class H vacuum cleaner means a vacuum cleaner that complies with the requirements of Class H of AS/NZS 60335.2.69:2017 (Household and similar electrical appliances – Safety, Part 2.69: Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use), or requirements equivalent to the standard.
Class M vacuum cleaner means a vacuum cleaner that complies with the requirements of Class M of AS/NZS 60335.2.69:2017 (Household and similar electrical appliances – Safety, Part 2.69: Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use), or requirements equivalent to the standard.
NoteAS/NZS 60335.2.69.2017 does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The standard may be purchased at includes crush, drill, grind, polish, sand and trim.
high risk crystalline silica work means work carried out in a workplace in relation to a crystalline silica process that is reasonably likely to result in a risk to the health of a person at the workplace.
local exhaust ventilation system means an engineering control that reduces worker exposure to airborne crystalline silica in the workplace by capturing the emission of airborne crystalline silica at the source and transporting it to a safe emission point, filter or scrubber.
material containing crystalline silica means—
(a)engineered stone; or
(b)any cement, concrete, masonry, mortar or brick product containing crystalline silica; or
(c)natural stone containing crystalline silica.
respiratory protective equipment means personal protective equipment that—
(a)is designed to protect the wearer from inhaling airborne crystalline silica; and
(b)complies with AS/NZS 1716:2012 (Respiratory protective devices) or requirements equivalent to the standard.
NoteAS/NZS 1716:2012 does not need to be notified under the
Legislation Act because s 47 (5) does not apply (see s 15 and Legislation Act, s 47 (7)). The standard may be purchased at subsection (1), definition of high risk crystalline silica work, a person may not rely upon a control measure required under this chapter when assessing if work is likely to result in a risk to the health of a person at the workplace.(3)In this section:
crystalline silica process consists of 1 or more of the following processes carried out at a workplace:
(a)the use of a power tool or another mechanical process to—
(i)crush, drill, grind, polish, sand or trim material containing crystalline silica; or
(ii)carry out any other activity involving material containing crystalline silica that produces airborne crystalline silica;
(b)the use of a roadheader on an excavated face if the material in the face contains crystalline silica;
(c)a process that exposes a person to airborne crystalline silica arising from the manufacture or handling of material that contains crystalline silica;
(d)the mechanical screening of crushed material containing crystalline silica;
(e)a quarrying process involving material containing crystalline silica;
(f)a tunnelling process involving material containing crystalline silica;
(g)any other process prescribed by regulation.
engineered stone means a stone that is artificially produced by combining natural stone that contains crystalline silica with other materials such as resin and pigment.
418BUncontrolled dry cutting of material containing crystalline silica
A person conducting a business or undertaking at a workplace must not direct or allow a worker to cut material containing crystalline silica with a power tool or use another mechanical process unless—
(a)a water delivery system supplying a continuous feed of water over the cutting area is used to suppress airborne crystalline silica produced by the cutting; and
(b)at least 1 of the following control measures is in place:
(i)the place where the cutting occurs is isolated from the rest of the workplace;
(ii)a Class H vacuum is attached to the tool used for cutting;
(iii)for material containing less than 25% crystalline silica—a Class M vacuum is attached to the tool used for cutting;
(iv)a local exhaust ventilation system is used.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
418CEffective control measures for cutting material containing crystalline silica
A person conducting a business or undertaking at a workplace must ensure that the risk of cutting material containing crystalline silica with a power tool or using another mechanical process is—
(a)eliminated so far as is reasonably practicable; or
(b)if it is not reasonably practicable to eliminate the risk—minimised so far as is reasonably practicable by—
(i)using a water delivery system supplying a continuous feed of water over the cutting area to suppress airborne crystalline silica produced by the cutting with at least 1 of the following control measures:
(A)the place where the cutting occurs is isolated from the rest of the workplace;
(B)attaching a Class H vacuum to the tool used for cutting;
(C)for material containing less than 25% crystalline silica—attaching a Class M vacuum to the tool used for cutting;
(D)using a local exhaust ventilation system; and
(ii)ensuring each worker at the workplace who may be exposed to airborne crystalline silica produced by the cutting is wearing respiratory protective equipment.
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
418DDuty to train workers about crystalline silica awareness
(1)In addition to the training required by division 3.2.1 (Information, training and instruction), a person conducting a business or undertaking must ensure that the following people are trained in a course in crystalline silica awareness declared under subsection (2) (a):
(a)a worker engaged by the person who the person reasonably believes will carry out high risk crystalline silica work in the business or undertaking;
(b)a worker engaged by the person in an occupation declared under subsection (2) (b).
Maximum penalty:
(a)in the case of an individual—$6 000; or
(b)in the case of a body corporate—$30 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2)The Minister may declare—
(a)a VET course, or other course or qualification, in crystalline silica awareness; and
(b)an occupation for which training in crystalline silica awareness is required.
(3)A declaration is a notifiable instrument.
(4)The person must ensure that a record is kept of the training undertaken by the worker—
(a)while the worker is carrying out work in the business or undertaking; and
(b)for 5 years after the day the worker stops working for the person.
Maximum penalty:
(a)in the case of an individual—$1 250; or
(b)in the case of a body corporate—$6 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(5)The person must keep the record available for inspection under the Act.
Maximum penalty:
(a)in the case of an individual—$1 250; or
(b)in the case of a body corporate—$6 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
[1.2]Dictionary, new definition of high risk crystalline silica work
insert
high risk crystalline silica work, for chapter 7A (Crystalline silica)—see section 418A.
Endnotes
Notification
Notified under the Legislation Act on 30 June 2022.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2022
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