Work Health and Safety Amendment Regulation 2024 (No 1) (ACT)
Work Health and Safety Amendment Regulation 2024 (No 1)
Subordinate Law SL2024-8
The Australian Capital Territory Executive makes the following regulation under the Work Health and Safety Act 2011.
Dated 26 June 2024.
ANDREW BARR
Chief Minister
MICK GENTLEMAN
Minister
Work Health and Safety Amendment Regulation 2024 (No 1)
Subordinate Law SL2024-8
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 9A 1
5 Section 291 (1), definition of high risk construction work, paragraph (s) 3
6 Section 291 (2) 3
7 New part 7A.1 heading 4
8 Section 418A (1), new definition of crystalline silica 4
9 Section 418A (1), definitions of crystalline silica control measure and crystalline silica material 4
10 Section 418A (1), definition of cut 6
11 Section 418A (1), definition of engineered stone 6
12 Section 418A (1), new definition of mechanical method 7
13 Section 418A (1), definition of mechanical process 7
14 Section 418A (1), new definitions 7
15 Section 418A (1), definition of respiratory protective equipment, paragraph (b) and note 7
16 Section 418A (1), new definitions 8
17 Section 418A (3), definition of crystalline silica process, paragraph (a) 8
18 New part 7A.2 heading 8
19 Section 418B heading 9
20 Section 418B 9
21 Section 418B (a) 9
22 Section 418BAA heading 9
23 Section 418BAA 10
24 Section 418C heading 10
25 Section 418C 10
26 Section 418C (b) (i) 11
27 Section 418C (b) (iii) 11
28 Section 418CAA heading 11
29 Section 418CAA (1) 12
30 Section 418CAA (1) (b) 12
31 New part 7A.3 12
32 New division 7A.3.3 15
33 New division 11.2.5 17
34 Dictionary, new definition of crystalline silica 17
35 Dictionary, definition of cut 18
36 Dictionary, new definition of mechanical method 18
37 Dictionary, definition of mechanical process 18
38 Dictionary, new definitions 18
39 Further amendments, dictionary, definitions 19
Schedule 1 Other amendments 20
Name of regulation
This regulation is the Work Health and Safety Amendment Regulation 2024 (No 1).
Commencement
(1)This regulation (other than section 32 and schedule 1) commences on 1 July 2024.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)Section 32 commences on 1 November 2024.
(3)Schedule 1 commences on 19 August 2024.
Legislation amended
This regulation amends the Work Health and Safety Regulation 2011.
Section 9A
substitute
9AMeaning of corresponding WHS law—Act, dict
For the Act, dictionary, definition of corresponding WHS law, the following laws are prescribed:
(a)the following laws of the Commonwealth:
(i)the Work Health and Safety Act 2011;
NoteA reference to an Act includes a reference to any regulation or statutory instrument made or in force under the Act (see Legislation Act, s 104).
(ii)the Occupational Health and Safety Act 1991 (repealed);
NoteA reference to a repealed Act includes a reference to any regulation or statutory instrument made under that Act (see Legislation Act, s 104).
(iii)any other law relating to work health and safety matters;
(b)the following laws of NSW:
(i)the Work Health and Safety Act 2011;
(ii)the Occupational Health and Safety Act 2000 (repealed);
(iii)any other law relating to work health and safety matters;
(c)the following laws of Victoria:
(i)the Occupational Health and Safety Act 2004;
(ii)the Occupational Health and Safety Act 1985 (repealed);
(iii)any other law relating to work health and safety matters;
(d)the following laws of Queensland:
(i)the Work Health and Safety Act 2011;
(ii)the Workplace Health and Safety Act 1995 (repealed);
(iii)any other law relating to work health and safety matters;
(e)the following laws of Western Australia:
(i)the Work Health and Safety Act 2020;
(ii)the Industrial Relations Act 1979;
(iii)the Occupational Safety and Health Act 1984 (repealed);
(iv)any other law relating to work health and safety matters;
(f)the following laws of South Australia:
(i)the Work Health and Safety Act 2012;
(ii)the Occupational Health, Safety and Welfare Act 1986 (repealed);
(iii)any other law relating to work health and safety matters;
(g)the following laws of Tasmania:
(i)the Work Health and Safety Act 2012;
(ii)the Workplace Health and Safety Act 1995 (repealed);
(iii)any other law relating to work health and safety matters;
(h)the following laws of the Northern Territory:
(i)the Work Health and Safety (National Uniform Legislation) Act 2011;
(ii)the Workplace Health and Safety Act 2007 (repealed);
(iii)any other law relating to work health and safety matters.
Section 291 (1), definition of high risk construction work, paragraph (s)
substitute
(s)involves processing crystalline silica material using a power tool or another mechanical method.
Section 291 (2)
substitute
(2)In this section:
crystalline silica material—see section 418A (1).
light rail—see the Road Transport (General) Act 1999, dictionary.
mechanical method—see section 418A (1).
process—see section 418A (1).
New part 7A.1 heading
insert
Part 7A.1Preliminary
Section 418A (1), new definition of crystalline silica
insert
crystalline silica—
(a)means crystalline polymorphs of silica; and
(b)includes the following substances:
(i)cristobalite;
(ii)quartz;
(iii)tridymite;
(iv)tripoli.
Section 418A (1), definitions of crystalline silica control measure and crystalline silica material
substitute
crystalline silica control measure—each of the following control measures is a crystalline silica control measure in relation to the processing of engineered stone, stone‑substitute material or other crystalline silica material:
(a)a water delivery system supplying a continuous feed of water over the processing area is used to suppress airborne crystalline silica produced by the processing;
(b)a wet dust suppression method;
(c)the attachment of a Class H vacuum to the tool used for processing;
(d)for other crystalline silica material containing less than 25% crystalline silica—the attachment of a Class M vacuum to the tool used for processing;
(e)the use of a local exhaust ventilation system;
(f)the isolation of the place where the processing occurs from other workers.
crystalline silica material means—
(a)engineered stone; or
(b)natural stone containing crystalline silica; or
(c)any of the following containing crystalline silica:
(i)a concrete or cement product;
(ii)a brick, paver or other similar block;
(iii)a ceramic wall or floor tile;
(iv)grout, mortar or render;
(v)plasterboard;
(vi)a porcelain product;
(vii)sintered stone;
(viii)a roof tile.
NoteAn item mentioned in par (b) or par (c) containing crystalline silica and other materials may be engineered stone (see def engineered stone).
Section 418A (1), definition of cut
omit
Section 418A (1), definition of engineered stone
substitute
engineered stone—
(a)means an artificial product that—
(i)contains 1% or more crystalline silica, determined as a weight/weight (w/w) concentration; and
(ii)is created by combining natural stone with other materials; and
Examples—other materials
pigment, resin, water
(iii)becomes hardened; but
(b)does not include any of the following:
(i)a concrete or cement product;
(ii)a brick, paver or other similar block;
(iii)a ceramic wall or floor tile;
(iv)grout, mortar or render;
(v)plasterboard;
(vi)a porcelain product;
(vii)sintered stone;
(viii)a roof tile.
Section 418A (1), new definition of mechanical method
insert
mechanical method does not include a method that involves plant or a tool that—
(a)relies exclusively on manual power for its operation; and
(b)is designed to be primarily supported by hand.
Section 418A (1), definition of mechanical process
omit
Section 418A (1), new definitions
insert
porcelain product does not include a porcelain product containing resin.
process includes crush, cut, drill, grind, polish, sand or trim.
Section 418A (1), definition of respiratory protective equipment, paragraph (b) and note
substitute
(b)complies with—
(i)AS/NZS 1716:2012 (Respiratory protective devices); and
(ii)AS/NZS 1715:2009 (Selection, use and maintenance of respiratory protective equipment).
NoteAS/NZS 1716:2012 and AS/NZS 1715:2009 do 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 standards may be purchased at >
Section 418A (1), new definitions
insert
sintered stone does not include a sintered stone product containing resin.
stone‑substitute material means—
(a)engineered stone; or
(b)either of the following containing crystalline silica:
(i)a porcelain product;
(ii)sintered stone.
Section 418A (3), definition of crystalline silica process, paragraph (a)
omit
mechanical process
substitute
mechanical method
New part 7A.2 heading
after section 418A, insert
Part 7A.2General controls on work involving crystalline silica material
Section 418B heading
substitute
418BDry processing of stone‑substitute material—prohibition
Section 418B
omit
direct or allow a worker to cut engineered stone with a power tool or use another mechanical process to cut
substitute
process, or direct or allow a worker to process, stone‑substitute material with a power tool or by using another mechanical method to process
Section 418B (a)
omit
cutting
substitute
processing
Section 418BAA heading
substitute
418BAAUncontrolled processing of other crystalline silica material—prohibition
Section 418BAA
omit
direct or allow a worker to cut crystalline silica material other than engineered stone with a power tool or use another mechanical process to cut
substitute
process, or direct or allow a worker to process, crystalline silica material other than stone‑substitute material with a power tool or by using another mechanical method to process
Section 418C heading
substitute
418CControl measures for processing stone‑substitute material
Section 418C
omit
cutting engineered stone with a power tool or using another mechanical process to cut
substitute
processing stone‑substitute material with a power tool or by using another mechanical method to process
Section 418C (b) (i)
omit
cutting
substitute
processing
Section 418C (b) (iii)
substitute
(iii)ensuring each worker at the workplace who may be exposed to airborne crystalline silica produced by the processing—
(A)is provided with respiratory protective equipment; and
(B)wears the respiratory protective equipment while the processing is carried out.
Section 418CAA heading
substitute
418CAAControl measures for processing other crystalline silica material
Section 418CAA (1)
omit
cutting crystalline silica material other than engineered stone with a power tool or using another mechanical process to cut
substitute
processing crystalline silica material other than stone‑substitute material with a power tool or by using another mechanical method to process
Section 418CAA (1) (b)
omit
cutting
substitute
processing
New part 7A.3
insert
Part 7A.3Engineered stone
Division 7A.3.1 Preliminary
418EMeaning of processing—pt 7A.3
In this part:
processing, in relation to engineered stone, means using a power tool or other mechanical method to process the stone, and includes crushing, cutting, drilling, grinding, polishing, sanding or trimming the stone.
Division 7A.3.2 Work involving engineered stone benchtops, panels or slabs
418FWork involving engineered stone benchtops, panels or slabs—prohibition
A person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, work that involves manufacturing, supplying, processing or installing engineered stone benchtops, panels or slabs.
Maximum penalty:
(a)in the case of an individual—$8 400; or
(b)in the case of a body corporate—$42 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
418GWork involving engineered stone benchtops, panels or slabs—exception for particular supply and installation
Section 418F does not apply to work that involves supplying or installing engineered stone benchtops, panels or slabs if the work is carried out—
(a)for genuine research and analysis; or
(b)to sample and identify engineered stone.
418HWork involving engineered stone benchtops, panels or slabs—exception for particular processing
(1)Section 418F does not apply to work that involves processing engineered stone benchtops, panels or slabs if the work—
(a)is carried out—
(i)for genuine research and analysis; or
(ii)to sample and identify engineered stone; or
(iii)to remove, repair or make minor modifications to engineered stone installed—
(A)before 1 July 2024; or
(B)in circumstances mentioned in section 418G; or
(iv)to dispose of engineered stone, whether it is installed or not; and
(b)is controlled.
(2)In this section:
controlled—work involving processing engineered stone benchtops, panels or slabs is controlled if any risk associated with the work 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 processing area to suppress airborne crystalline silica produced by the processing; and
(ii)using at least 1 other crystalline silica control measure; and
(iii)ensuring each worker at the workplace who may be exposed to airborne crystalline silica produced by the processing—
(A)is provided with respiratory protective equipment; and
(B)wears the respiratory protective equipment while the work is carried out.
New division 7A.3.3
insert
Division 7A.3.3 Regulator to be notified of particular processing of engineered stone
418INotification of particular processing of engineered stone
(1)This section applies if work that involves processing engineered stone benchtops, panels or slabs is carried out—
(a)to remove, repair or make minor modifications to installed engineered stone; or
(b)to dispose of engineered stone, whether it is installed or not.
(2)Before the work is carried out, a person conducting a business or undertaking carrying out, or directing or allowing a worker to carry out, the work mentioned in subsection (1) must give the regulator written notice—
(a)stating the work being carried out; and
(b)describing the type of work being carried out; and
(c)stating the frequency and duration of the work; and
(d)stating any other information in relation to the work required by the regulator.
Maximum penalty:
(a)in the case of an individual—$5 000; or
(b)in the case of a body corporate—$25 000.
NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(3)Subsection (2) does not apply if—
(a)the person conducting the business or undertaking does not know, and could not reasonably be expected to know, before the work is carried out that the work involves processing engineered stone benchtops, panels or slabs; and
(b)as soon as practicable after the person conducting the business or undertaking becomes aware that the work involves processing engineered stone benchtops, panels or slabs, the person gives the regulator written notice under subsection (2) in relation to the work.
(4)If the regulator receives written notice under subsections (2) or (3), the regulator must give the person conducting the business or undertaking acknowledgment of receipt of the notice.
Note 1If a form is approved under the Act, s 277 for this provision, the form must be used.
Note 2A fee may be determined under the Act, s 278 for this provision.
Note 3It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
418JDuty to keep notice given under div 7A.3.3
A person conducting a business or undertaking who gives the regulator written notice under this division must, for a period of 5 years beginning on the day the notice is given to the regulator—
(a)keep a copy of the notice; and
(b)ensure a copy of the notice is readily accessible; and
(c)allow a person to access a copy of the notice upon request.
Maximum penalty:
(a)in the case of an individual—$5 000; or
(b)in the case of a body corporate—$25 000.
New division 11.2.5
insert
Division 11.2.5 Crystalline silica material
698AADefinitions—div 11.2.5
In this division:
crystalline silica material—see section 418A (1).
engineered stone—see section 418A (1).
698ABExemptions under corresponding WHS laws—work involving engineered stone
A person conducting a business or undertaking is exempt from compliance with section 418F if the work involves a type of engineered stone that is the subject of an exemption—
(a)granted in relation to the type of engineered stone under a corresponding WHS law; and
(b)notified to the regulator by a corresponding regulator.
Dictionary, new definition of crystalline silica
insert
crystalline silica, for chapter 7A (Crystalline silica)—see section 418A (1).
Dictionary, definition of cut
omit
Dictionary, new definition of mechanical method
insert
mechanical method, for chapter 7A (Crystalline silica)—see section 418A (1).
Dictionary, definition of mechanical process
omit
Dictionary, new definitions
insert
porcelain product, for chapter 7A (Crystalline silica)—see section 418A (1).
process, for chapter 7A (Crystalline silica)—see section 418A (1).
processing, in relation to engineered stone, for part 7A.3 (Engineered stone)—see section 418E.
sintered stone, for chapter 7A (Crystalline silica)—see section 418A (1).
stone‑substitute material, for chapter 7A (Crystalline silica)—see section 418A (1).
Further amendments, dictionary, definitions
omit
section 418A
substitute
section 418A (1)
in
· dictionary, definitions of
airborne crystalline silica
engineered stone
high risk crystalline silica work
respiratory protective equipment
wet dust suppression method
Schedule 1Other amendments
(see s 3)
[1.1]Section 418F, penalty
substitute
Maximum penalty: tier E monetary penalty.
[1.2]Section 418I (2), penalty
substitute
Maximum penalty: tier G monetary penalty.
[1.3]Section 418J, penalty
substitute
Maximum penalty: tier G monetary penalty.
Endnotes
Notification
Notified under the Legislation Act on 28 June 2024.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2024
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