Work Health and Safety (Mines) Regulations 2022 (WA)
Western Australia
Work Health and Safety Act 2020
Western Australia
Work Health and Safety Act 2020
These regulations are the
These regulations come into operation as follows —
(a) the regulations (other than regulations 58, 460(1), 473(2A), 475(2A), 477(1A) and 489(2) — on the day on which the
Work Health and Safety Act 2020 section 276 comes into operation;(b) regulations 58, 460(1), 473(2A) and 475(2A) — on the day after the period of 2 years beginning on the day referred to in paragraph (a);
(c) regulations 477(1A) and 489(2) — on the day after the period of 12 months beginning on the day referred to in paragraph (a).
Notes for regulations 3 and 4:
1. These regulations are based on the
Model Work Health and Safety Regulations (15 January 2019 version) published by the Parliamentary Counsel’s Committee and the draftModel Work Health and Safety (Mines) Regulations . These regulations contain modifications of those model regulations for this State and for the mining industry.2. The numbering of Chapters, Parts, Divisions and regulations in these regulations generally (but not always) corresponds to the numbering of Chapters, Parts, Divisions and regulations in those model regulations and the
Work Health and Safety (General) Regulations 2022 . To facilitate this correspondence —(a) some Chapter, Part, Division and regulation numbers are included in these regulations although they are not used for this State or for the mining industry; and
(b) alphanumeric numbers are used in these regulations for some provisions that are inserted for this State.
3. Alphanumeric numbering used in those model regulations is also used in these regulations.
In these regulations —
Notes for this definition:
1. If the ADG Code is amended or remade, a reference in these regulations to a provision of that document extends to the corresponding provision (if any) of the amended or remade document.
2. The ADG Code is accessible at control —
(a) means a method of work, a process or a procedure designed to minimise risk; but
(b) does not include —
(i) an engineering control; or
(ii) the use of personal protective equipment;
Agvet Code , in Part 7.1, means the Agvet Code of Western Australia as defined in theAgricultural and Veterinary Chemicals (Western Australia) Act 1995 section 3;airborne contaminant —(a) means a contaminant in the form of a fume, mist, gas, vapour or dust; and
(b) includes micro‑organisms;
alternate , for a key statutory position, means a person appointed to be an alternate for the position under regulation 675ZR;applicable legislation examination , in relation to a statutory position or statutory certificate, means an examination conducted under regulation 675ZZH;appropriate person , in relation to a statutory position, means a person who, subject to regulation 675ZS, meets the eligibility requirements for the position;approved form means a form approved by the regulator and published on the regulator’s website;approved WHS risk management unit , for a statutory certificate or statutory position, has the meaning given in regulation 675ZZJ(1);article means a manufactured item, other than a fluid or particle, that —(a) is formed into a particular shape or design during manufacture; and
(b) has hazard properties and a function that are wholly or partly dependent on the shape or design;
AS 2601 means AS 2601‑2001 (The demolition of structures);AS 3850 , in Part 6.3 Division 4, has the meaning given in regulation 306A;asbestos —(a) means the asbestiform variety of any mineral silicate belonging to the serpentine or amphibole group of rock‑forming minerals; and
(b) includes the asbestiform variety of the following —
(i) actinolite;
(ii) grunerite or amosite (known as brown asbestos);
(iii) anthophyllite;
(iv) chrysotile (known as white asbestos);
(v) crocidolite (known as blue asbestos);
(vi) tremolite;
asbestos containing material ( ACM ) means any material or thing that, as part of its design, contains asbestos;asbestos‑contaminated dust or debris ( ACD ) means dust or debris that has settled within a workplace and is, or is assumed to be, contaminated with asbestos;asbestos management plan has the meaning given in regulation 429 or 432;asbestos register has the meaning given in regulation 425;asbestos‑related work means work involving asbestos (other than asbestos removal work to which Part 8.7 applies) that is permitted under the exceptions set out in regulation 419(3), (4) and (5);asbestos removal licence means a Class A asbestos removal licence or a Class B asbestos removal licence;asbestos removal work means —(a) work involving the removal of asbestos or ACM; or
(b) in Part 8.10, Class A asbestos removal work or Class B asbestos removal work;
asbestos removalist means a person conducting a business or undertaking who carries out asbestos removal work;asbestos waste means asbestos or ACM removed and disposable items used during asbestos removal work including plastic sheeting and disposable tools;Australian university has the meaning given in theHigher Education Act 2004 section 3;authorised mine surveyor’s certificate (grade 1) means the statutory certificate referred to in Schedule 27 clause 7;authorised mine surveyor’s certificate (grade 2) means the statutory certificate referred to in Schedule 27 clause 8;authorised mine surveyor (quarry operation) means a person appointed to the statutory position set out in Schedule 26 clause 15 for a mine;authorised mine surveyor (underground) means a person appointed to the statutory position set out in Schedule 26 clause 12 for a mine;biological monitoring means —(a) the measurement and evaluation of a substance, or its metabolites, in the body tissue, fluids or exhaled air of a person exposed to the substance; or
(b) blood lead level monitoring;
blood lead level means the concentration of lead in whole blood expressed in micromoles per litre (µmol/L) or micrograms per decilitre (µg/dL);blood lead level monitoring means the testing of the venous or capillary blood of a person by a laboratory accredited by NATA, under the supervision of a registered medical practitioner, to determine the blood lead level;boiler —(a) means —
(i) a vessel, or an arrangement of vessels and interconnecting parts, in which steam or vapour is generated or in which water or other liquid is heated at a pressure above that of the atmosphere by the application of fire, the products of combustion, electrical power or similar high temperature means; and
(ii) the superheaters, reheaters, economisers, boiler piping, supports, mountings, valves, gauges, fittings, controls, boiler setting and other equipment directly associated with those vessels;
but
(b) does not include —
(i) except in Schedules 3 and 4, a fully flooded or pressurised system where water or another liquid is heated to a temperature lower than the normal atmospheric boiling temperature of the liquid; or
(ii) for the purposes of Parts 5.2 and 5.3 and in Schedules 3 and 4, a boiler designed or manufactured to the codes specified in the Table;
Table 1.
AMBSC Part 1 — Australian Miniature Boiler Safety Committee Code for Copper Boilers
2.
AMBSC Part 2 — Australian Miniature Boiler Safety Committee Code for Steel Boilers
3.
AMBSC Part 3 — Australian Miniature Boiler Safety Committee Code for Sub‑Miniature Boilers
4.
AMBSC Part 4 — Australian Miniature Boiler Safety Committee Code for Duplex Steel Boilers; or
or
(iii) in Schedules 3 and 4 — a heater or boiler specified in the Table;
Table 1.
direct fired process heater
2.
boiler with less than 500 kW output
3.
unattended boiler certified in compliance with AS 2593:2004 (Boilers — Safety management and supervision systems)
boom‑type elevating work platform means a telescoping device, hinged device, or articulated device, or any combination of these, used to support a platform on which personnel, equipment and materials may be elevated;bridge crane means a crane that —(a) consists of a bridge beam or beams, that are mounted to end carriages at each end; and
(b) is capable of travelling along elevated runways; and
(c) has 1 or more hoisting mechanisms arranged to traverse across the bridge;
building maintenance equipment —(a) means a suspended platform and associated equipment, including a building maintenance unit or a swing stage, that incorporates permanently installed overhead supports to provide access to the faces of a building for maintenance; but
(b) does not include a suspended scaffold;
building maintenance unit means a power operated suspended platform and associated equipment on a building specifically designed to provide permanent access to the faces of the building for maintenance;capacity , of a container (in Chapter 7), means the internal volume of the container at a temperature of 15°C expressed in litres;card holder has the meaning given in theWork Health and Safety (General) Regulations 2022 regulation 5;certificate of medical fitness means a certificate of medical fitness that complies with regulation 169;certification , in relation to a specified VET course, means —(a) in the case of high risk work —
(i) a notice of satisfactory assessment stating that the person to whom it is issued has successfully completed the specified VET course; or
(ii) an equivalent notice issued by a corresponding RTO;
and
(b) in every case —
(i) a statement of attainment issued by an RTO stating that the person to whom it is issued has successfully completed the specified VET course; or
(ii) an equivalent statement issued by a corresponding RTO;
chemical identity means a name, in accordance with the nomenclature systems of the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service, or a technical name, that gives a chemical a unique identity;class means —(a) in relation to high risk work — a class of work specified in Schedule 3;
(b) in relation to demolition work — Class 1 demolition work or Class 2 demolition work;
(c) in relation to asbestos removal work — Class A asbestos removal work or Class B asbestos removal work;
Class 1 demolition licence means a licence that authorises the carrying out of Class 1 demolition work by or on behalf of the licence holder, granted under theWork Health and Safety (General) Regulations 2022 regulation 142R;Class 1 demolition work has the meaning given in regulation 142B(1);Class 2 demolition licence means a licence that authorises the carrying out of Class 2 demolition work by or on behalf of the licence holder, granted under theWork Health and Safety (General) Regulations 2022 regulation 142R;Class 2 demolition work has the meaning given in regulation 142C(1);Class A asbestos removal licence means a licence that authorises the carrying out of Class A asbestos removal work and Class B asbestos removal work by or on behalf of the licence holder, granted under theWork Health and Safety (General) Regulations 2022 regulation 497;Class A asbestos removal work means work that is required to be licensed under regulation 485;Class B asbestos removal licence means a licence that authorises the carrying out of Class B asbestos removal work by or on behalf of the licence holder, granted under theWork Health and Safety (General) Regulations 2022 regulation 497;Class B asbestos removal work —(a) means work that is required to be licensed under regulation 487; but
(b) does not include Class A asbestos removal work;
clearance certificate has the meaning given in regulation 474(2);clearance inspection has the meaning given in regulation 473(1A);combustible dust means finely divided solid particles (including dust, fibres or flyings) that are —(a) suspended in air or settle out of the atmosphere under their own weight; and
(b) able to burn or glow in air; and
(c) able to form an explosive mixture with air at atmospheric pressure and normal temperature;
combustible substance means a substance that is combustible, and includes dust, fibres, fumes, mists or vapours produced by the substance;Examples for this definition:
Wood, paper, oil, iron filings.
competent person —(a) for inspection and testing of electrical equipment — means a person who has satisfactorily completed a competency‑assessed training course on testing and tagging using the pass‑fail type of electrical instrument known as a portable appliance tester;
(b) for demolition work — means a person who —
(i) has been trained by an RTO in safe methods of demolition work; and
(ii) in the case of supervision of the work — has appropriate experience in the conduct or supervision of demolition work authorised by the relevant demolition licence;
(c) for general diving work — has the meaning given in regulations 174 and 177;
(d) for a major inspection of a mobile crane or a tower crane under regulation 235 — has the meaning given in regulation 235(1B);
(e) [not used] (f) [not used] (g) for a clearance inspection under regulation 473 — a person who has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice and holds —
(i) a certification in relation to the specified VET course for asbestos assessor work; or
(ii) a tertiary qualification in occupational health and safety, occupational hygiene, science, building, construction or environmental health;
(h) for any other case — a person who has acquired through training, qualification or experience the knowledge and skills to carry out the task;
concrete panel , in Part 6.3 Division 4, has the meaning given in regulation 306A;concrete placing boom means plant incorporating an articulating boom, capable of power operated slewing and luffing to place concrete by way of pumping through a pipeline attached to, or forming part of, the boom of the plant;confined space —(a) means an enclosed or partially enclosed space that —
(i) is not designed or intended primarily to be occupied by a person; and
(ii) is, or is designed or intended to be, at normal atmospheric pressure while any person is in the space; and
(iii) is or is likely to be a risk to health and safety from anything specified in the Table;
Table 1.
an atmosphere that does not have a safe oxygen level
2.
contaminants, including airborne gases, vapours and dusts, that may cause injury from fire or explosion
3.
harmful concentrations of any airborne contaminants
4.
engulfment
but
(b) does not include a space in which excavation work is carried out in an underground mine;
confined space entry permit means a confined space entry permit issued under regulation 67;construction project has the meaning given in regulation 292;construction site means a workplace where construction work is being carried out;construction work has the meaning given in regulation 289;consumer product means a thing that —(a) is packed or repacked primarily for use by a household consumer or for use in an office; and
(b) if the thing is packed or repacked primarily for use by a household consumer — is packed in the way and quantity in which it is intended to be used by a household consumer; and
(c) if the thing is packed or repacked primarily for use in an office — is packed in the way and quantity in which it is intended to be used for office work;
container , in relation to a hazardous chemical, means anything —(a) in or by which a hazardous chemical is, or has been, wholly or partly covered, enclosed or packed, including anything necessary for the container to perform its function as a container; and
(b) which is a receptacle with a capacity —
(i) if the receptacle holds a solid — of less than 500 kilograms; or
(ii) if the receptacle holds a liquid — of less than 500 litres;
contaminant means any substance that may be harmful to health or safety;control measure , in relation to a risk to health and safety, means a measure to eliminate or minimise the risk;conveyor —(a) means equipment or apparatus operated by power other than manual power and by which loads are raised, lowered or transported or capable of being raised, lowered, transported, or continuously driven, by any of the following —
(i) an endless belt, rope or chain or other similar means;
(ii) buckets, trays or other containers or fittings moved by an endless belt, rope, chain or similar means;
(iii) a rotating screw;
(iv) a vibration or walking beam;
(v) a powered roller conveyor if the rollers are driven by an endless belt, rope or chain or other similar means;
and
(b) includes the superstructure, gear and auxiliary equipment used in connection with that equipment or apparatus;
correct classification means the set of hazard classes and hazard categories assigned to a hazardous chemical when it is correctly classified;Note for this definition:
Schedule 9 Division 1 sets out when a hazardous chemical is correctly classified.
crane —(a) means an appliance intended for raising or lowering a load and moving it horizontally; and
(b) includes the supporting structure of the crane and its foundations; but
(c) does not include any of the following —
(i) an industrial lift truck;
(ii) earthmoving machinery;
(iii) [not used] (iv) a tractor;
(v) an industrial robot;
(vi) a conveyor;
(vii) building maintenance equipment;
(viii) a suspended scaffold;
(ix) a lift;
Note for this definition:
Regulation 81 applies to require high risk work licences when earthmoving machinery is used as a crane.
current certificate of medical fitness means a certificate of medical fitness that —(a) was issued within the past 12 months; and
(b) has not expired or been revoked;
de‑energised , in relation to a part of an electrical installation, has the meaning given in theElectricity (Licensing) Regulations 1991 regulation 3(1);demolition licence means a Class 1 demolition licence or a Class 2 demolition licence;demolition work —(a) means work to demolish or dismantle a structure, or part of a structure that is loadbearing or otherwise related to the physical integrity of the structure; but
(b) does not include —
(i) the dismantling of formwork, falsework, or other structures designed or used to provide support, access or containment during construction work; or
(ii) the removal of power, light or telecommunication poles; or
(iii) the demolition of geotechnical structures at a mine;
deputy’s certificate for underground coal mines means the statutory certificate referred to in Schedule 27 clause 5;derrick crane means a slewing strut‑boom crane with its boom pivoted at the base of a mast that is —(a) guyed (guy‑derrick) or held by backstays (stiff‑legged derrick); and
(b) capable of luffing under load;
designer , in relation to plant, a substance or a structure, has the same meaning as it has in section 22 of the Act;direct fired process heater means an arrangement of 1 or more coils, located in the radiant zone or convection zone, or both, of a combustion chamber, the primary purpose of which is to raise the temperature of a process fluid circulated through the coils, to allow distillation, fractionalism, reaction or other petrochemical processing of the process fluid, whether that fluid is liquid or gas, or a combination of liquid and gas;dogging work means —(a) the application of slinging techniques, including the selection and inspection of lifting gear, to safely sling a load; or
(b) the directing of a plant operator in the movement of a load when the load is out of the operator’s view;
duty holder , in Part 3.1, means a person referred to in regulation 32;EANx , in Part 4.8, means a mixture of oxygen and nitrogen in which the volume of oxygen is at least 22%;earthmoving machinery —(a) means operator controlled plant used to excavate, load, transport, compact or spread earth, overburden, rubble, spoil, aggregate or similar material; but
(b) does not include a tractor or industrial lift truck;
electrical equipment has the meaning given in regulation 144 (and regulation 148 for Part 4.7 Division 3);electrical installation has the meaning given in regulation 145 (and regulation 148 for Part 4.7 Division 3);electrical risk means risk to a person of death, shock or other injury caused directly or indirectly by electricity;electrical supervisor means a person appointed to the statutory position set out in Schedule 26 clause 5 for a mine;electrical work has the meaning given in regulation 146;eligibility requirements —(a) for a site senior executive — means the eligibility requirements set out in regulation 675ZI(1); and
(b) for an exploration manager — means the eligibility requirements set out in regulation 675ZM(1); and
(c) for an alternate to a site senior executive — means the eligibility requirements set out in regulation 675ZR(1); and
(d) for a Schedule 26 position — means the eligibility requirements for the position set out in Schedule 26; and
(e) for a Schedule 27 certificate — means the eligibility requirements for the certificate set out in Schedule 27;
emergency service organisation means —(a) a bush fire brigade established under the
Bush Fires Act 1954 section 41(1);(b) a permanent or volunteer fire brigade formed under the
Fire Brigades Act 1942 section 26(a);(c) an SES Unit approved under the
Fire and Emergency Services Act 1998 section 18C(1);(d) a VMRS Group approved under the
Fire and Emergency Services Act 1998 section 18H(1);(e) an FES Unit approved under the
Fire and Emergency Services Act 1998 section 18M(1);
emergency service worker means —(a) an officer or member of an emergency service organisation; or
(b) a person employed or engaged as an operational staff member under the
Fire and Emergency Services Act 1998 section 20(1)(b);
enclosed workplace , in Part 3.2 Division 7A, has the meaning given in regulation 50B;energised , in relation to a part of an electrical installation, has the meaning given in theElectricity (Licensing) Regulations 1991 regulation 3(1);engineering control means a control measure that is physical in nature, including a mechanical device or process;entry , by a person into a confined space, means the person’s head or upper body is in the confined space or within the boundary of the confined space;essential services means the supply of —(a) gas, water, sewerage, telecommunications, electricity and similar services; or
(b) chemicals, fuel and refrigerant in pipes or lines;
excavation —(a) means a trench, tunnel or shaft; but
(b) does not include —
(i) a mine; or
(ii) a bore to which the
Water Services Act 2012 applies; or(iii) a trench for use as a place of interment;
excavation work means work to —(a) make an excavation; or
(b) fill or partly fill an excavation;
exploration manager means a person appointed under regulation 675ZM;exploration operations —(a) means any exploration activity, whether offshore or on land; but
(b) does not include the following —
(i) any work involving underground operations;
(ii) removing of any material from trial pits beyond the extent permitted under the tenement conditions;
(iii) remote sensing activity carried out using airborne or satellite mounted equipment (except for ground based activity in support of the remote sensing activity);
exposure standard , except in Part 4.1, means an exposure standard in the Workplace Exposure Standards for Airborne Contaminants;exposure standard for noise has the meaning given in regulation 56;externally‑controlled plant —(a) means plant that is controlled or operated other than by an operator located on or touching the plant; and
(b) includes autonomous, semi‑autonomous and remote‑controlled plant;
external review means an external review under Part 11.1;fall arrest system means plant or material designed to arrest a fall;Examples for this definition:
An industrial safety net, a catch platform, a safety harness system (other than a system that relies entirely on a restraint technique system).
fault , in relation to plant, means a break or defect that may cause the plant to present a risk to health and safety;female of reproductive capacity , in Part 7.2, means a female other than a female who provides information stating that she is not of reproductive capacity;first class mine manager’s certificate for coal mines means the statutory certificate referred to in Schedule 27 clause 1;first class mine manager’s certificate for non‑coal mines means the statutory certificate referred to in Schedule 27 clause 2;fitness criteria , in relation to diving work, means the fitness criteria specified in clause M4 of Appendix M to AS/NZS 2299.1:2015 (Occupational diving operations — Standard operational practice);flammable gas has the same meaning as it has in the GHS;forklift truck , in Schedules 3 and 4 —(a) means a powered industrial truck equipped with lifting media made up of a mast and an elevating load carriage to which is attached a pair of fork arms or other arms that can be raised 900 mm or more above the ground; but
(b) does not include a pedestrian‑operated truck or a pallet truck;
friable asbestos means material that —(a) is in a powder form or that can be crumbled, pulverised or reduced to a powder by hand pressure when dry; and
(b) contains asbestos;
gantry crane means a crane that —(a) consists of a bridge beam or beams supported at 1 or both ends by legs mounted to end carriages; and
(b) is capable of travelling on supporting surfaces or deck levels, whether fixed or not; and
(c) has a crab with 1 or more hoisting units arranged to travel across the bridge;
gas cylinder means a rigid vessel —(a) that does not exceed 3 000 litres water capacity and is without openings or integral attachments on the shell other than at the ends; and
(b) that is designed for the storage and transport of gas under pressure; and
(c) that is covered by AS 2030.1:2009 (Gas cylinders — General requirements);
general construction induction training means training delivered in Australia by an RTO for the specified VET course for general construction induction training;general construction induction training card has the meaning given in theWork Health and Safety (General) Regulations 2022 regulation 5;general construction induction training certification means a certification for the completion of the specified VET course for general construction induction training;general diving work —(a) means work carried out in or under water while breathing compressed gas; and
(b) includes —
(i) incidental diving work; and
(ii) limited scientific diving work;
but
(c) does not include high risk diving work;
genuine research means systematic investigative or experimental activities that are carried out for either acquiring new knowledge (whether or not the knowledge will have a specific practical application) or creating new or improved materials, products, devices, processes or services;geotechnical structure —(a) means a structure at a mine constructed by excavating, using or placing 1 or more of the following —
(i) rocks;
(ii) soil;
(iii) mine waste;
(iv) back‑filling material;
(v) tailings;
and
(b) includes the following —
(i) embankments;
(ii) foundations;
(iii) mine waste dumps;
(iv) ore stock piles;
(v) trenches;
(vi) tailings storage facilities;
(vii) underground and surface openings;
GHS means theGlobally Harmonised System of Classification and Labelling of Chemicals , Seventh revised edition, published by the United Nations as modified under Schedule 6;Note for this definition:
The Schedule 6 Tables replace some tables in the GHS.
hazard category means a division of criteria within a hazard class in the GHS;hazard class means the nature of a physical, health or environmental hazard under the GHS;hazardous area means an area in which —(a) an explosive gas is present in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant; or
(b) a combustible dust is present, or could reasonably be expected to be present, in the atmosphere in a quantity that requires special precautions to be taken for the construction, installation and use of plant;
hazardous chemical means a substance, mixture or article that satisfies the criteria for any 1 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;
Note for this definition:
The Schedule 6 Tables replace some tables in the GHS.
hazardous manual task means a task that requires a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing that involves 1 or more of the following —(a) repetitive or sustained force;
(b) high or sudden force;
(c) repetitive movement;
(d) sustained or awkward posture;
(e) exposure to vibration;
Examples for this definition:
1. A task requiring a person to restrain live animals.
2. A task requiring a person to lift or move loads that are unstable or unbalanced or are difficult to grasp or hold.
3. A task requiring a person to sort objects on a conveyor belt.
hazard pictogram means a graphical composition, including a symbol plus other graphical elements, that is assigned in the GHS to a hazard class or hazard category;hazard statement means a statement assigned in the GHS to a hazard class or hazard category describing the nature of the hazards of a hazardous chemical including, if appropriate, the degree of hazard;head or upper body means the area of a person’s body at or above the person’s shoulders;health monitoring , of a person, means monitoring the person to identify changes in the person’s health status because of exposure to certain substances;heritage boiler means a boiler that —(a) was manufactured before 1952; and
(b) is used for a historical purpose or activity, including an activity that is ancillary to a historical activity;
Examples for this paragraph:
1. Historical activity: a historical display, parade, demonstration or re‑enactment.
2. Activity ancillary to a historical activity: restoring, maintaining, modifying, servicing, repairing or housing a boiler used, or to be used, for a historical activity.
high risk construction work has the meaning given in regulation 291;high risk diving work —(a) means work —
(i) carried out in or under water or any other liquid while breathing compressed gas; and
(ii) involving 1 or more of the types of work specified in the Table;
Table 1.
construction work
2.
work of the kind described in regulation 289(3)(d)
3.
inspection work carried out in order to determine whether or not work described in item 1 or 2 is necessary
4.
the recovery or salvage of a large structure or large item of plant for commercial purposes
Notes for this Table:
1. Work referred to in item 2 includes some additional construction‑related activities.
2. For construction work generally, see Chapter 6. For the meaning of construction work, see regulation 289.
but
(b) does not include minor work carried out in the sea or the waters of a bay or inlet or a marina that involves cleaning, inspecting, maintaining or searching for a vessel or mooring;
high risk mining activity means an activity specified in Schedule 23 column 2;high risk work means any work set out in Schedule 3 as being within the scope of a high risk work licence;high risk work licence means any of the licences listed in Schedule 3 granted under theWork Health and Safety (General) Regulations 2022 regulation 89;high voltage means voltage exceeding 1 000 V a.c. or 1 500 V d.c.;high voltage operator means a person appointed to the statutory position set out in Schedule 26 clause 6 for a mine;high voltage vicinity permit has the meaning given in Schedule 26 clause 6(2)(a);hoist —(a) means an appliance intended for raising or lowering a load or people; and
(b) includes an elevating work platform, a mast climbing work platform, personnel and materials hoist, scaffolding hoist and serial hoist; but
(c) does not include a lift or building maintenance equipment;
ignition source means a source of energy capable of igniting flammable or combustible substances;importer , in relation to plant, a substance or a structure, has the same meaning as it has in section 24 of the Act;incidental diving work means general diving work that —(a) is incidental to the conduct of the business or undertaking in which the diving work is carried out; and
Example for this paragraph:
Acting underwater is incidental to the business or undertaking of filming.
(b) involves limited diving;
independent , in relation to clearance inspections and air monitoring under Chapter 8, means —(a) not involved in the removal of the asbestos in relation to which the inspection or monitoring is conducted; and
(b) not involved in a business or undertaking involved in the removal of the asbestos in relation to which the inspection or monitoring is conducted;
industrial lift truck —(a) means powered mobile plant, designed to move goods, materials or equipment that is equipped with an elevating load carriage and is in the normal course of use equipped with a load‑holding attachment; but
(b) does not include a mobile crane or earthmoving machinery;
industrial robot means plant that is a multifunctional manipulator and its controllers, capable of handling materials, parts or tools, or specialised devices, through variable programmed motions for the performance of a variety of tasks;inrush means the rushing into a place of water, slurry, rocks, gases or other substances at a rate that is fast enough to cause harm to persons;in situ asbestos —(a) means asbestos or ACM fixed or installed in a structure, equipment or plant; but
(b) does not include naturally occurring asbestos;
internal review means internal review under Part 11.1;in transit , in relation to a thing, means that the thing —(a) is supplied to, or stored at, a workplace in containers that are not opened at the workplace; and
(b) is not used at the workplace; and
(c) is kept at the workplace for not more than 5 consecutive days;
key statutory position means —(a) a site senior executive; or
(b) an exploration manager; or
(c) if the mine is an underground non‑coal mine — an underground manager (non‑coal); or
(d) if the mine is an underground coal mine — an underground manager (coal); or
(e) if the mine is a mine for which a quarry manager must be appointed under Schedule 26 clause 14 — a quarry manager;
lead means lead metal, lead alloys, inorganic lead compounds and lead salts of organic acids;lead process has the meaning given in regulation 392;lead process area means a workplace or part of a workplace where a lead process is carried out;lead risk work has the meaning given in regulation 394;licence holder means —(a) in the case of a high risk work licence — the person who is licensed under the
Work Health and Safety (General) Regulations 2022 regulation 89 to carry out the work; or(b) in the case of demolition work — the person who is licensed under the
Work Health and Safety (General) Regulations 2022 regulation 142R to carry out the demolition work; or(c) in the case of an asbestos assessor licence — the person who is licensed under the
Work Health and Safety (General) Regulations 2022 regulation 497 —(i) to carry out air monitoring during Class A asbestos removal work; and
(ii) to carry out clearance inspections of Class A asbestos removal work; and
(iii) to issue clearance certificates in relation to Class A asbestos removal work;
or
(d) in the case of an asbestos removal licence — the person conducting the business or undertaking to whom the licence is granted under the
Work Health and Safety (General) Regulations 2022 regulation 497;
licensed asbestos assessor means a person who holds an asbestos assessor licence granted under theWork Health and Safety (General) Regulations 2022 regulation 497;licensed asbestos removalist means a person conducting a business or undertaking who is licensed under theWork Health and Safety (General) Regulations 2022 to carry out Class A asbestos removal work or Class B asbestos removal work;licensed asbestos removal work means asbestos removal work for which a Class A asbestos removal licence or Class B asbestos removal licence is required;licensed surveyor has the meaning given in theLicensed Surveyors Act 1909 section 3(1);lift —(a) means plant that is, or is intended to be, permanently installed in or attached to a structure, in which people, goods or materials may be raised or lowered within a car or cage, or on a platform and the movement of which is restricted by a guide or guides; and
(b) includes —
(i) a chairlift and stairway lift; and
(ii) any supporting structure, machinery, equipment, gear, lift well, enclosures and entrances;
but
(c) does not include a winder;
limited diving means diving that does not involve any of the following —(a) diving to a depth below 30 metres;
(b) the need for a decompression stop;
(c) the use of mechanical lifting equipment or a buoyancy lifting device;
(d) diving beneath anything that would require the diver to move sideways before being able to ascend;
(e) the use of plant that is powered from the surface;
(f) diving for more than 28 days during a period of 6 months;
limited scientific diving work means general diving work that —(a) is carried out for the purpose of professional scientific research, natural resource management or scientific research as an educational activity; and
(b) involves only limited diving;
lower explosive limit ( LEL ) , in relation to a flammable gas, vapour or mist, means the concentration of the gas, vapour or mist in air below which the propagation of a flame does not occur on contact with an ignition source;maintain , in relation to plant or a structure in Chapter 5, includes repair or servicing of plant or a structure;manufacturer , in relation to plant, a substance or a structure, has meaning given in section 23(1) of the Act;mast climbing work platform means a hoist with a working platform used for temporary purposes to raise personnel and materials to the working position by means of a drive system mounted on an extendable mast that may be tied to a structure;materials hoist means a hoist that —(a) consists of a car, bucket or platform cantilevered from, and travelling up and down outside, a face of the support of a structure; and
(b) is used for hoisting things and substances but not persons;
medical examination notice , in Part 3.2 Division 12, has the meaning given in regulation 55E;medical treatment —(a) means the management or care of a patient; and
(b) includes the following —
(i) the suturing of a wound;
(ii) the treatment of fractures;
(iii) the treatment of bruises by drainage of blood;
(iv) the treatment of second‑ and third‑degree burns;
but
(c) does not include diagnostic procedures, observation, counselling, first aid or therapeutic measures taken solely for preventative purposes;
membrane filter method means the membrane filter method described in theGuidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres [NOHSC:3003 (2005)] ;mine has the meaning given in regulation 5A;mine air quality officer means a person appointed to the statutory position set out in Schedule 26 clause 4 for a mine;mine emergency worker means a person appointed under regulation 670B;mine operator has the meaning given in regulation 5C;mineral does not include natural gas or mineral oil in a free state;mine safety management system , for a mine, means a mine safety management system established for the mine under regulation 621(1);mine shaft means a partially or fully completed vertical or steeply inclined way or opening into or within a mine —(a) through which a person or object is lowered; or
(b) that is used for ventilation or similar purposes;
mine shaft conveyance means a conveyance that is connected to a winding system;Mining Competence Advisory Committee means the Mining Competence Advisory Committee established under regulation 698B(1);mining operations has the meaning given in regulation 5B;mining practice examination , for a statutory certificate, means an examination conducted under regulation 675ZZN;mining safety legislation means —(a) the Act; and
(b) the
Dangerous Goods Safety Act 2004 to the extent that it relates to the storage and use of explosives at mines;
mixture , in Part 7.1, means a combination of, or a solution composed of, 2 or more substances that do not react with each other;mobile crane means a crane capable of travelling over a supporting surface without the need for fixed runways and relying only on gravity for stability;musculoskeletal disorder —(a) means an injury to, or disease of, the musculoskeletal system, whether occurring suddenly or over time; but
(b) does not include an injury caused by crushing, entrapment or cutting resulting principally from the mechanical operation of plant;
NATA means the National Association of Testing Authorities, Australia;NATA‑accredited laboratory means a testing laboratory accredited by NATA, or recognised by NATA either solely or with someone else;naturally occurring asbestos means the natural geological occurrence of asbestos minerals found in association with geological deposits including rock, sediment or soil;network operator has the meaning given in theElectricity Act 1945 section 5(1);noise officer means a person appointed to the statutory position set out in Schedule 26 clause 2 for a mine;non‑friable asbestos —(a) means material containing asbestos that is not friable asbestos; and
(b) includes material containing asbestos fibres reinforced with a bonding compound;
Note for this definition:
Non‑friable asbestos may become friable asbestos through deterioration (see the definition of
friable asbestos ).non‑slewing mobile crane —(a) means a mobile crane incorporating a boom or jib that cannot be slewed; and
(b) includes —
(i) an articulated mobile crane; or
(ii) a locomotive crane;
but
(c) does not include vehicle tow trucks;
notice of satisfactory assessment means a notice stating that the person to whom it is issued has successfully completed a specified VET course;operator protective device includes a roll‑over protective structure, falling object protective structure, operator restraining device and seat belt;order‑picking forklift truck , in Schedules 3 and 4, means a forklift truck where the operator’s controls are incorporated with the lifting media and elevate with the lifting media;passenger ropeway —(a) means a powered ropeway used for transporting, in a horizontal or inclined plane, passengers moved by a carrier that is —
(i) attached to or supported by a moving rope; or
(ii) attached to a moving rope but supported by a standing rope or other overhead structure;
and
(b) includes, in relation to the powered ropeway, the prime mover, any associated transmission machinery and any supporting structure and equipment; but
(c) does not include any of the following —
(i) a cog railway;
(ii) a cable car running on rails;
(iii) a flying fox or similar device;
(iv) [not used]
Examples for this paragraph:
An elevating system for a log ride or boat flume ride.
personal protective equipment —(a) means anything used or worn by a person to minimise risk to the person’s health and safety; and
(b) includes air supplied respiratory equipment;
personnel and materials hoist means a hoist —(a) that is a cantilever hoist, a tower hoist or several winches configured to operate as a hoist; and
(b) that is intended to carry goods, materials or people;
person with management or control of plant at a workplace means a person with management or control of fixtures, fittings or plant at a workplace as defined in section 21(1) of the Act;person with management or control of a workplace has the meaning given in section 20(1) of the Act;pipeline means pipe work that crosses a boundary of a workplace, beginning or ending at the nearest fluid or slurry control point (along the axis of the pipeline) to the boundary;pipe work means a pipe or assembly of pipes, pipe fittings, valves and pipe accessories used to convey a hazardous chemical;plant , in Parts 5.2 and 5.3, includes a structure;portal boom crane means a boom crane or a jib crane that is mounted on a portal frame that, in turn, is supported on runways along which the crane travels;powered mobile plant means plant that is provided with some form of self‑propulsion that is ordinarily under the direct control of an operator;precautionary statement means a phrase prescribed by the GHS that describes measures that are recommended to be taken to prevent or minimise —(a) the adverse effects of exposure to a hazardous chemical; or
(b) improper handling of a hazardous chemical;
presence‑sensing safeguarding system includes —(a) a sensing system that uses 1 or more forms of radiation either self‑generated or otherwise generated by pressure; and
(b) the interface between the final switching devices of the sensing system and the machine primary control elements; and
(c) the machine stopping capabilities, by which the presence of a person or part of a person within the sensing field will cause the dangerous parts of a machine to be brought to a safe state;
pressure equipment means boilers, pressure vessels and pressure piping;pressure piping —(a) means an assembly of pipes, pipe fittings, valves and pipe accessories subject to internal or external pressure and used to contain or convey fluid or to transmit fluid pressure; and
(b) includes distribution headers, bolting, gaskets, pipe supports and pressure containing accessories; but
(c) does not include —
(i) a boiler or pressure vessel; or
(ii) piping to which another written law applies;
pressure vessel —(a) means a vessel subject to internal or external pressure; and
(b) includes —
(i) interconnected parts and components, valves, gauges and other fittings up to the first point of connection to connecting piping; and
(ii) fired heaters; and
(iii) gas cylinders;
but
(c) does not include a boiler or pressure piping;
principal contractor , in relation to a construction project, has the meaning given in regulation 293;product identifier means the name or number used to identify a product on a label or in a safety data sheet;prohibited carcinogen means a substance —(a) listed in Schedule 10 Table 10.1 column 2; and
(b) present in a concentration of —
(i) for a solid or liquid — 0.1% or more, determined as a weight/weight (w/w) concentration; and
(ii) for a gas — 0.1% or more, determined as a volume/volume (v/v) concentration;
psychosocial hazard has the meaning given in regulation 55A;psychosocial risk has the meaning given in regulation 55B;quantity , in Chapter 7, means —(a) for a hazardous chemical that is not a liquid or a gas or a gas under pressure and is in a container or storage or handling system — the mass in kilograms of the hazardous chemical in the container or storage or handling system; and
(b) for a hazardous chemical that is a liquid and is not a gas under pressure and is in a container or storage or handling system — the net capacity in litres of the container or storage or handling system; and
(c) for a hazardous chemical that is a gas or gas under pressure in a container or storage or handling system — the water capacity in litres of the container or storage or handling system; and
(d) for a hazardous chemical that is a thing and is not a gas — the net capacity of the part of the thing that comprises a hazardous chemical;
quarry —(a) means a surface mining operation in which mineral, rock or soil is extracted from the earth by excavating into a natural surface gradient; and
(b) includes —
(i) harvesting evaporites; and
(ii) strip mining; and
(iii) extraction of sand, clay and gravel; and
(iv) hydraulic mining;
quarry manager means a person appointed to the statutory position set out in Schedule 26 clause 14 for a mine;quarry manager’s certificate means the statutory certificate referred to in Schedule 27 clause 3;quarry operation —(a) includes —
(i) activities associated with the extraction of soil, minerals or rock from a quarry; and
(ii) roads and waste dumps associated with a quarry;
but
(b) does not include administrative or engineering services or the operation of a treatment plant;
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October;radiation safety officer means a person appointed to the statutory position set out in Schedule 26 clause 1 for a mine;reach stacker means a powered reach stacker that incorporates an attachment for lifting and lowering a shipping container;reciprocating steam engine —(a) means equipment that is driven by steam acting on a piston causing the piston to move; and
(b) includes an expanding (steam) reciprocating engine;
registered medical practitioner means a person registered under theHealth Practitioner Regulation National Law (Western Australia) in the medical profession;registered training organisation ( RTO ) means a training organisation listed as a registered training organisation on the National Register established under theNational Vocational Education and Training Regulator Act 2011 (Commonwealth);relevant competence committee means —(a) in relation to a statutory surveyor certificate or statutory surveyor position — the Surveyors Competence Advisory Committee; or
(b) otherwise — the Mining Competence Advisory Committee;
reportable incident means any of the following that is not a notifiable incident —(a) an incident that results in illness or injury that requires medical treatment;
(b) a significant seismic event;
(c) extensive subsidence;
(d) an air blast in an underground mine;
(e) an unplanned event that causes only 1 exit from an underground mine to be available for use;
(f) damage to any plant, building or structure so as to impede its safe operations;
(g) damage to, or failure of, any part of a winding system, mine shaft conveyance, mine shaft or shaft plant;
(h) control is lost over a vehicle or other plant, or it unintentionally activates, moves or fails to stop;
(i) plant makes contact with an energised high voltage source;
(j) an accidental ignition or detonation of explosives;
(k) a delayed or fast ignition of explosives;
(l) fly rock from a blast —
(i) is ejected outside the area cleared of people during the blast; or
(ii) lands near a person;
(m) an unplanned immersion of a person in liquid;
(n) a thing in an underground mine spontaneously combusts;
(o) a person is adversely affected by an exposure to a toxic substance, including a gas, fumes, a vapour or poison;
(p) a person loses consciousness because of a workplace incident;
(q) a person attempts suicide at a mine or a place associated with a mine, including at accommodation for a worker at the mine;
(r) a workplace incident that could have caused serious harm to a person, plant or structure;
research chemical means a substance or mixture that —(a) is manufactured in a laboratory for genuine research; and
(b) is not for use or supply for a purpose other than analysis or genuine research;
respirable asbestos fibre means an asbestos fibre that —(a) is less than 3 micrometres wide; and
(b) more than 5 micrometres long; and
(c) has a length to width ratio of more than 3:1;
restricted carcinogen means a substance —(a) listed in Schedule 10 Table 10.2 column 2 for a use listed in column 3; and
(b) present in a concentration of —
(i) for a solid or liquid — 0.1% or more, determined as a weight/weight (w/w) concentration; and
(ii) for a gas — 0.1% or more, determined as a volume/volume (v/v) concentration;
restricted quarry manager’s certificate means the statutory certificate referred to in Schedule 27 clause 6;retailer means a person whose principal business is supplying consumer products to members of the public who are not engaged in the further supply of those products;rigging work means —(a) the use of mechanical load shifting equipment and associated gear to move, place or secure a load using plant, equipment or members of a structure to ensure the stability of those members; or
(b) the setting up or dismantling of cranes or hoists;
roof , in Part 3.2 Division 7A, has the meaning given in regulation 50A;safe oxygen level means a minimum oxygen content of air of 19.5% by volume under normal atmospheric pressure and a maximum oxygen content of air of 23.5% by volume under normal atmospheric pressure;safety data sheet means a safety data sheet prepared under regulation 330 or 331;Safe Work Australia means Safe Work Australia as established under theSafe Work Australia Act 2008 (Commonwealth) section 5;safe work method statement , in relation to high risk construction work, means a safe work method statement referred to in regulation 299 (as revised under regulation 302);scaffold means a temporary structure specifically erected to support access or working platforms;scaffolding work means erecting, altering or dismantling a temporary structure that is or has been erected to support a platform and from which a person or object could fall more than 4 metres from the platform or the structure;Schedule 26 position has the meaning given in regulation 675ZP(a);self‑erecting tower crane means a crane —(a) that is not disassembled into a tower element and a boom or jib element in the normal course of use; and
(b) where the erection and dismantling processes are an inherent part of the crane’s function;
shaft means a vertical or inclined way or opening, from the surface downwards or from any underground working, the dimensions of which (apart from the perimeter) are less than its depth;signal word means the word “danger” or “warning” used on a label to indicate to a label reader the relative severity level of a hazard, and to alert the reader to a potential hazard, under the GHS;site senior executive , in relation to a mine, means the person appointed to be the site senior executive of the mine under regulation 675ZI;slewing mobile crane —(a) means a mobile crane incorporating a boom or jib that can be slewed; but
(b) does not include any of the following when configured for crane operation —
(i) a front‑end loader;
(ii) a backhoe;
(iii) an excavator;
(iv) other earth moving equipment;
slinging techniques means the exercising of judgment in relation to the suitability and condition of lifting gear and the method of slinging, by consideration of the nature of the load, its mass and its centre of gravity;smoke , in Part 3.2 Division 7A, has the meaning given in regulation 50A;specified VET course means —(a) in relation to general construction induction training — the VET course
Work Safely in the Construction Industry or a corresponding subsequent VET accredited course; or(b) in relation to Class A asbestos removal work — the VET course
Remove friable asbestos ; or(c) in relation to Class B asbestos removal work — the VET course
Remove non‑friable asbestos ; or(d) in relation to the supervision of asbestos removal work — the VET course
Supervise asbestos removal ; or(e) in relation to asbestos assessor work — the VET course
Conduct asbestos assessment associated with removal ; or(f) in relation to high risk work — the relevant VET course specified in Schedule 4; or
(g) in relation to the supervision of tilt‑up work in construction — the VET course
Supervise tilt‑up work ; or(h) in relation to tilt‑up work in manufacturing and construction — the VET course
Identify requirements for safe precast and tilt‑up work ;
statutory certificate has the meaning given in regulation 675ZZA(a);statutory position means —(a) a site senior executive; or
(b) an exploration manager; or
(c) a Schedule 26 position;
statutory supervisor means a person appointed to the statutory position set out in Schedule 26 clause 3 for a place at a mine;statutory surveyor certificate means 1 of the following statutory certificates —(a) authorised mine surveyor’s certificate (grade 1);
(b) authorised mine surveyor’s certificate (grade 2);
statutory surveyor position means 1 of the following statutory positions —(a) authorised mine surveyor (underground);
(b) authorised mine surveyor (quarry operation);
steam turbine means equipment that is driven by steam acting on a turbine or rotor to cause a rotary motion;structure , in Chapter 6, has the meaning given in regulation 290;substance , in Part 7.1, means a chemical element or compound in its natural state or obtained or generated by a process —(a) including any additive necessary to preserve the stability of the element or compound and any impurities deriving from the process; but
(b) excluding any solvent that may be separated without affecting the stability of the element or compound, or changing its composition;
supplier , in relation to plant, a substance or a structure, has the meaning given in section 25(1) of the Act;Surveyors Competence Advisory Committee means the Surveyors Competence Advisory Committee established under regulation 698B(2);suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use;suspension , in relation to a mine or part of a mine, means —(a) all mining operations at the mine or part stop; and
(b) persons are not allowed to enter the mine or part;
TAFE means a college established under theVocational Education and Training Act 1996 section 35;technical name , in the definition ofchemical identity , means a name that is —(a) ordinarily used in commerce, regulations and codes to identify a substance or mixture, other than an International Union of Pure and Applied Chemistry or Chemical Abstracts Service name; and
(b) recognised by the scientific community;
temporary work platform means —(a) a fixed, mobile or suspended scaffold; or
(b) an elevating work platform; or
(c) a mast climbing work platform; or
(d) a work box supported by a crane, hoist, forklift truck or other form of mechanical plant; or
(e) building maintenance equipment, including a building maintenance unit; or
(f) a portable or mobile fabricated platform; or
(g) any other temporary platform that —
(i) provides a working area; and
(ii) is designed to prevent a fall;
theatrical performance means acting, singing, playing a musical instrument, dancing or otherwise performing literary or artistic works or expressions of traditional custom or folklore;tilt‑up work , in Part 6.3 Division 4, has the meaning given in regulation 306A;tobacco product , in Part 3.2 Division 7A, has the meaning given in regulation 50A;tower crane —(a) means a crane that —
(i) has a boom or a jib mounted on a tower structure; and
(ii) if a jib crane, is of a horizontal or luffing jib type; and
(iii) has a tower structure that is demountable or permanent;
but
(b) does not include a self‑erecting tower crane;
tractor —(a) means a motor vehicle, whether wheeled or track mounted, designed to provide power and movement to any attached machine or implement by a transmission shaft, belt or linkage system; but
(b) does not include earthmoving machinery;
trench means a horizontal or inclined way or opening —(a) the length of which is greater than its width and greater than or equal to its depth; and
(b) that commences at and extends below the surface of the ground; and
(c) that is open to the surface along its length;
tunnel means an underground passage or opening that —(a) is approximately horizontal; and
(b) commences at the surface of the ground or at an excavation;
underground —(a) means a void a person can enter that is beneath the natural surface of the earth; and
(b) includes a mine shaft or winze that connects the void to the surface;
underground coal mine means an underground mine where mining operations are carried out in relation to coal;underground manager (coal) means a person appointed to the statutory position set out in Schedule 26 clause 8 for a mine;underground manager (non‑coal) means a person appointed to the statutory position set out in Schedule 26 clause 7 for a mine;underground mine means a mine where underground operations are carried out;underground non-coal mine means an underground mine that is not an underground coal mine;underground operations means mining operations that are carried out underground;underground supervisor (coal) means a person appointed to the statutory position set out in Schedule 26 clause 10 for a mine;underground supervisor (non‑coal) means a person appointed to the statutory position set out in Schedule 26 clause 9 for a mine;underground supervisor’s certificate means the statutory certificate referred to in Schedule 27 clause 4;underground ventilation officer means a person appointed to the statutory position set out in Schedule 26 clause 11 for a mine;UN number has the same meaning as it has in Attachment 2 of the ADG Code;vehicle hoist means a device to hoist vehicles designed to provide access for under‑chassis examination or service;vehicle loading crane means a crane mounted on a vehicle for the purpose of loading and unloading the vehicle;VET course has the meaning given in theNational Vocational Education and Training Regulator Act 2011 (Commonwealth) section 3;wall , in Part 3.2 Division 7A, has the meaning given in regulation 50A;WHS management plan , in relation to a construction project, means a management plan prepared or revised under Part 6.4;winder —(a) means plant, other than manually‑powered plant, that is used for winding; but
(b) does not include a lift;
winding means moving, by way of a rope, a mine shaft conveyance to transport a person, object or plant;winding engine driver means a person appointed to the statutory position set out in Schedule 26 clause 13 for a mine;winding system —(a) means a winder and other plant used for winding; and
(b) includes a mine shaft conveyance, ropes, headframe, mine shaft and fittings for the mine shaft conveyance; but
(c) does not include a lift;
work box means a personnel carrying device, designed to be suspended from a crane, to provide a working area for a person elevated by and working from the device;work positioning system means any plant or structure, other than a temporary work platform, that enables a person to be positioned and safely supported at a location for the duration of the relevant work being carried out.[Regulation 5 amended: SL 2022/214 r. 8; SL 2023/134 r. 12.] 5A. Meaning of mine (1) In these regulations, a
mine is a place at which mining operations are carried out.(2) If mining operations are being carried out in conjunction with one another at 2 or more places, those places constitute 1
mine .(3) However, the regulator may notify the mine operator in writing that each of those places, or places specified in the notice, are separate mines, and these regulations apply to the places as separate mines accordingly.
5B. Meaning of mining operations In these regulations —
mining operations —(a) means any method of working by which the earth or any rock structure, coal seam, stone, fluid, or mineral bearing substance is disturbed, removed, washed, sifted, crushed, leached, roasted, floated, distilled, evaporated, smelted, refined, sintered, pelletised, or dealt with for the purpose of obtaining any mineral or rock from it for commercial purposes or for subsequent use in industry, whether it has been previously disturbed or not; and
(b) includes the following —
(i) exploration operations;
(ii) developmental and construction work associated with opening up or operating a mine;
(iii) the removal and disposal of overburden or waste or residues by mechanical or other means and the stacking, depositing, storage, and treatment of any substance considered to contain any mineral;
(iv) the operation of blast furnaces and direct reduction furnaces;
(v) the operation of privately‑owned railways (other than a railway to which the
Rail Safety National Law (WA) Act 2015 applies) to transport ore or other mining products, or to provide related services;(vi) the transport of ore or other mining products that takes place on a road that is not a road as defined in the
Road Traffic (Administration) Act 2008 section 4;(vii) the crushing, screening, sorting, stacking, loading and handling of ore or other mining products at any rail or road terminal or any loading or transhipment points, including seaports;
(viii) the operation of any support facilities on the minesite, including mine administration offices, workshops and services buildings;
(ix) borefields remote from the minesite but an integral part of the mining operation;
(x) operations by means of which salt or other evaporites are harvested;
(xi) operations by means of which any mineral is recovered from the sea or sea bed or a natural water supply;
(xii) the operation of residential facilities and recreational facilities and the ground used for that purpose, if those facilities are located on a mining tenement and are used solely in connection with mining operations;
(xiii) the operation of any project which is declared by the Governor to be a mining operation under the
Mines Safety and Inspection Act 1994 section 6(1);(xiv) operations undertaken for the environmental rehabilitation of the minesite during production operations and after their completion;
(xv) operations for the care, security and maintenance of a mine and plant at the mine undertaken during any period when production or development operations at the mine are suspended;
(xvi) operations undertaken to leave a mine safe to be closed;
but
(c) does not include the following —
(i) an operation that would otherwise fall within paragraph (b)(vii) if the operation is carried out by a port authority at the port (as those terms are defined in the
Port Authorities Act 1999 section 3(1)) that the authority controls or manages;(ii) steel making plants;
(iii) rolling mills;
(iv) facilities for the manufacture of goods from mining products;
(v) residential facilities or recreational facilities and the ground used for that purpose, if those facilities are not located on a mining tenement and directly associated with mining operations;
(vi) sand, gravel, limestone or rock excavation carried out by or for any State agency or instrumentality or any local government for the use or disposition by that agency, instrumentality or local government;
(vii) excavation activities on private land by and for the use of the owner of the land;
(viii) a place that is not at a mine where externally‑controlled plant at the mine is operated.
5C. Meaning of mine operator In these regulations, a
mine operator is a person (including a partnership, syndicate or other association of persons) who —(a) in relation to a mine where only exploration operations are being carried out — has overall control and supervision of the exploration operations at the mine and the exploration manager appointed for those operations; and
(b) otherwise — is the proprietor, lessee, or occupier of a mine and who has overall control and supervision of the mine and mining operations at the mine.
6. Not used 6A. Corresponding WHS laws prescribed For the purposes of the definition of
corresponding WHS law in section 4 of the Act, the following are prescribed —(a) the
Work Health and Safety Act 2011 (Commonwealth);(b) the
Work Health and Safety Act 2011 (New South Wales);(c) the
Work Health and Safety Act 2011 (Queensland);(d) the
Work Health and Safety Act 2012 (South Australia);(e) the
Work Health and Safety (National Uniform Legislation) Act 2011 (Northern Territory);(f) the
Work Health and Safety Act 2012 (Tasmania);(g) the
Work Health and Safety Act 2011 (Australian Capital Territory);(h) the
Occupational Health and Safety Act 2004 (Victoria);(i) the
Occupational Health and Safety (Maritime Industry) Act 1993 (Commonwealth);(j) the
Coal Mining Safety and Health Act 1999 (Queensland);(k) the
Mining and Quarrying Safety and Health Act 1999 (Queensland);(l) the
Work Health and Safety (Mines and Petroleum Sites) Act 2013 (New South Wales).
7. Meaning of person conducting a business or undertaking: persons excluded For the purposes of section 5(6) of the Act, an incorporated association may be taken not to be a
person conducting a business or undertaking if the incorporated association consists of a group of volunteers working together for 1 or more community purposes where —(a) the incorporated association, either alone or jointly with any other similar incorporated association, does not employ any person to carry out work for the incorporated association; and
(b) none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the incorporated association.
7A. References to person conducting a business or undertaking include references to mine operators A reference in these regulations to a person conducting a business or undertaking at a mine includes a reference to the mine operator of the mine.
Notes for this regulation:
1. See section 5 of the Act and regulation 7 for the meaning of
person conducting a business or undertaking .2. The mine operator might also have duties under sections 19, 20 and 21 of the Act.
8. Meaning of supply For the purposes of section 6(3)(b) of the Act, a
supply of a thing does not include the supply of a thing by a person who does not control the supply and has no authority to make decisions about the supply.Examples for this regulation:
1. An auctioneer who auctions a thing without having possession of the thing.
2. A real estate agent acting in their capacity as a real estate agent.
9. Provisions linked to health and safety duties in Act If a note at the foot of a provision of these regulations states “WHS Act” followed by a reference to a section number, the regulation provision sets out the way in which a person’s duty or obligation under that section of the Act must be performed in relation to the matters and to the extent set out in the regulation provision.
Note for this regulation:
A failure to comply with a duty or obligation under a section of the Act referred to in a “WHS Act” note is an offence to which a Penalty applies.
Part 1.2 – Application 10. Regulations generally apply to mines (1) These regulations, other than Part 11.2B, apply to a workplace at a mine.
(2) Regulation 631E(2) also applies to a workplace that is not at a mine, but only to the extent that externally‑controlled plant at the mine is controlled or operated at the workplace.
(3) Part 11.2B applies in relation to the appointment of members to, and the functions of, the Mining and Petroleum Advisory Committee.
(4) However, these regulations do not apply to —
(a) a workplace to which the
Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022 regulation 3 applies; and(b) a workplace —
(i) that is a railway to which the
Rail Safety National Law (WA) Act 2015 applies; and(ii) where railway operations as defined in the
Rail Safety National Law (WA) section 4(1) are carried out.
Notes for this regulation:
1. In relation to railway operations at a mine on a railway to which the
Rail Safety National Law (WA) applies, see theRail Safety National Law (WA) Act 2015 and theWork Health and Safety (General) Regulations 2022 .2. The
Work Health and Safety (General) Regulations 2022 apply to workplaces to which these regulations and theWork Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022 do not apply.
11. Application of regulations A duty imposed on a person under a provision of these regulations in relation to health and safety does not limit or affect any duty the person has under the Act or, unless otherwise expressly provided, any other provision of these regulations.
12. Assessment of risk in relation to a class of hazards, tasks, circumstances or things If these regulations require an assessment of risks to health and safety associated with a hazard, task, thing or circumstance, an assessment of risks associated with a class of hazards, tasks, things or circumstances may be conducted if —
(a) all hazards, tasks, things or circumstances in the class are the same; and
(b) the assessment of risks for the class does not result in any worker or other person being exposed to a greater, additional or different risk to health and safety than if the risk assessment were carried out in relation to each individual hazard, task, thing or circumstance.
Part 1.3 – Incorporated documents 13. Documents incorporated as in force when incorporated A reference to any document applied, adopted or incorporated by, or referred to in, these regulations is to be read as a reference to that document as in force at the time the document is applied, adopted, incorporated or referred to unless express provision is made to the contrary.
14. Inconsistencies between provisions If a provision of any document applied, adopted or incorporated by, or referred to in, these regulations is inconsistent with any provision in these regulations, the provision of these regulations prevails.
15. References to standards (1) In these regulations, a reference consisting of the words “Australian Standard” or the letters “AS” followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published by or on behalf of Standards Australia.
(2) In these regulations, a reference consisting of the expression “Australian/New Zealand Standard” or “AS/NZS” followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published jointly by or on behalf of Standards Australia and the Standards Council of New Zealand.
Chapter 2 – Representation and participation Part 2.1 – Representation Division 1 – Work groups 16. Negotiations for and determination of work groups Negotiations for and determination of work groups and variations of work groups must be directed at ensuring that the workers are grouped in a way that —
(a) most effectively and conveniently enables the interests of the workers, in relation to work health and safety, to be represented; and
(b) has regard to the need for a health and safety representative for the work group to be readily accessible to each worker in the work group.
Note for this regulation:
Under the Act, a work group may be determined for workers at more than 1 workplace (section 51(3)) or for workers carrying out work for 2 or more persons conducting businesses or undertakings at 1 or more workplaces (Part 5 Division 3 Subdivision 3 of the Act).
17. Matters to be taken into account in negotiations For the purposes of sections 52(6) and 56(4) of the Act, negotiations for and determination of work groups and variation of agreements concerning work groups must take into account all relevant matters, including the following —
(a) the number of workers;
(b) the views of workers in relation to the determination and variation of work groups;
(c) the nature of each type of work carried out by the workers;
(d) the number and grouping of workers who carry out the same or similar types of work;
(e) the areas or places where each type of work is carried out;
(f) the extent to which any worker must move from place to place while at work;
(g) the diversity of workers and their work;
(h) the nature of any hazards at the workplace or workplaces;
(i) the nature of any risks to health and safety at the workplace or workplaces;
(j) the nature of the engagement of each worker, for example as an employee or as a contractor;
(k) the pattern of work carried out by workers, for example whether the work is full‑time, part‑time, casual or short‑term;
(l) the times at which work is carried out;
(m) any arrangements at the workplace or workplaces relating to overtime or shift work.
Division 2 – Health and safety representatives 18. Procedures for election of health and safety representatives (1) This regulation sets out minimum procedural requirements for the election of a health and safety representative for a work group for the purposes of section 61(2) of the Act.
(2) The person conducting the election must take all reasonable steps to ensure that the following procedures are complied with —
(a) each person conducting a business or undertaking in which a worker in the work group works is informed of the date on which the election is to be held as soon as practicable after the date is determined;
(b) all workers in the work group are given an opportunity to —
(i) nominate for the position of health and safety representative; and
(ii) vote in the election;
(c) all workers in the work group and all relevant persons conducting a business or undertaking are informed of the outcome of the election.
19. Person conducting business or undertaking must not delay election
A person conducting a business or undertaking at a workplace must not unreasonably delay the election of a health and safety representative.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
20. Removal of health and safety representatives (1) For the purposes of section 64(2)(d) of the Act, the majority of the members of a work group may remove a health and safety representative for the work group if the members sign a written declaration that the health and safety representative should no longer represent the work group.
(2) A member of the work group nominated by the members who signed the declaration must, as soon as practicable —
(a) inform the following persons of the removal of the health and safety representative —
(i) the health and safety representative who has been removed;
(ii) each person conducting a business or undertaking in which a worker in the work group works;
and
(b) take all reasonable steps to inform all members of the work group of the removal.
(3) The removal of the health and safety representative takes effect when the persons referred to in subregulation (2)(a) and the majority of members of the work group have been informed of the removal.
20A. Notice of entry for person assisting health and safety representative (1) A notice under section 68(3A) of the Act must —
(a) be written; and
(b) include the following —
(i) the full name of the health and safety representative giving the notice;
(ii) the full name of the assistant whose entry is proposed;
(iii) the name and address of the workplace proposed to be entered;
(iv) the date of proposed entry;
(v) a statement of the reasons why the health and safety representative considers it is necessary for the assistant to enter the workplace to assist.
(2) If the assistant is or has been the holder of an IR entry authority or a WHS entry permit under a corresponding WHS law, the notice must also include the following —
(a) the name of the union the assistant represents or represented;
(b) a declaration by the assistant stating that —
(i) an IR entry authority or WHS entry permit held by the assistant has not been revoked; and
(ii) in relation to a current IR entry authority or WHS entry permit, the authority or permit is not suspended; and
(iii) the assistant is not disqualified from holding an IR entry authority or WHS entry permit.
21. Training for health and safety representatives
(1) For the purposes of section 72(1) of the Act, a health and safety representative is required to attend the following courses of training in work health and safety —
(a) an initial course of training of up to 5 days;
(b) up to 1 day’s refresher training each year, with the requirement to attend the first refresher training commencing 1 year after the initial training.
(2) In approving a course of training in work health and safety for the purposes of section 72(1) of the Act, the Work Health and Safety Commission may have regard to any relevant matters, including —
(a) the content and quality of the curriculum, including its relevance to the powers and functions of a health and safety representative; and
(b) the qualifications, knowledge and experience of the person who is to provide the course.
Notes for this regulation:
1. This regulation prescribes courses of training which a health and safety representative is required to attend. In addition to these courses, the health and safety representative and the person conducting the business or undertaking may agree that the representative will attend or receive further training.
2. Under the
Interpretation Act 1984 section 50(2)(c), the power to approve a course of training includes a power to withdraw the approval.
(1) This regulation sets out minimum requirements for an agreed procedure for issue resolution at a workplace.
(2) The agreed procedure for issue resolution at a workplace must include the steps set out in regulation 23.
(3) A person conducting a business or undertaking at a workplace must ensure that the agreed procedure for issue resolution at the workplace —
(a) complies with subregulation (2); and
(b) is set out in writing; and
(c) is communicated to all workers to whom the agreed procedure applies.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1) This regulation sets out the default procedure for issue resolution for the purposes of section 81(2) of the Act.
(2) Any party to the issue may commence the procedure by informing each other party —
(a) that there is an issue to be resolved; and
(b) of the nature and scope of the issue.
(3) As soon as parties are informed of the issue, all parties must meet or communicate with each other to attempt to resolve the issue.
(4) The parties must have regard to all relevant matters, including the following —
(a) the degree and immediacy of risk to workers or other persons affected by the issue;
(b) the number and location of workers and other persons affected by the issue;
(c) the measures (both temporary and permanent) that must be implemented to resolve the issue;
(d) who will be responsible for implementing the resolution measures.
(5) A party may, in resolving the issue, be assisted or represented by a person nominated by the party.
(6) If the issue is resolved, details of the issue and its resolution must be set out in a written agreement if any party to the issue requests this.
Note for this subregulation:
Under the Act, parties to an issue include not only a person conducting a business or undertaking and a worker, but also representatives of these persons (see section 80 of the Act).
(7) If a written agreement is prepared all parties to the issue must be satisfied that the agreement reflects the resolution of the issue.
(8) A copy of the written agreement must be given to —
(a) all parties to the issue; and
(b) if requested, the health and safety committee for the workplace.
(9) To avoid doubt, nothing in this procedure prevents a worker from bringing a work health and safety issue to the attention of the worker’s health and safety representative.
For the purposes of section 88 of the Act, the prescribed purposes are the assessment of eligibility for, or the calculation of benefits for, any benefit or entitlement associated with the worker’s engagement, including 1 or more of the following —
(a) remuneration and promotion, as affected by seniority;
(b) superannuation benefits;
(c) leave entitlements;
(d) any entitlement to notice of termination of the engagement.
Note for this Part:
Managing risks to health and safety is also covered in Part 10.2, in particular in regulations 617 to 620.
This Part applies to a person conducting a business or undertaking who has a duty under these regulations to manage risks to health and safety.
Any specific requirements under these regulations for the management of risk must be complied with when implementing the requirements of this Part.
Examples for this regulation:
1. A requirement not to exceed an exposure standard.
2. A duty to implement a specific control measure.
3. A duty to assess risk.
A duty holder, in managing risks to health and safety, must identify reasonably foreseeable hazards that could give rise to risks to health and safety.
A duty holder, in managing risks to health and safety, must —
(a) eliminate risks to health and safety so far as is reasonably practicable; and
(b) if it is not reasonably practicable to eliminate risks to health and safety — minimise those risks so far as is reasonably practicable.
(1) This regulation applies if it is not reasonably practicable for a duty holder to eliminate risks to health and safety.
(2) A duty holder, in minimising risks to health and safety, must implement risk control measures in accordance with this regulation.
(3) The duty holder must minimise risks, so far as is reasonably practicable, by doing 1 or more of the following —
(a) substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk;
(b) isolating the hazard from any person exposed to it;
(c) implementing engineering controls.
(4) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls.
(5) If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment.
Note for this regulation:
A combination of the controls set out in this regulation may be used to minimise risks, so far as is reasonably practicable, if a single control is not sufficient for the purpose.
A duty holder who implements a control measure to eliminate or minimise risks to health and safety must ensure that the control measure is, and is maintained so that it remains, effective, including by ensuring that the control measure is and remains —
(a) fit for purpose; and
(b) suitable for the nature and duration of the work; and
(c) installed, set up and used correctly.
(1) A duty holder must review and as necessary revise control measures implemented under these regulations so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.
(2) Without limiting subregulation (1), the duty holder must review and as necessary revise a control measure in the following circumstances —
(a) the control measure does not control the risk it was implemented to control so far as is reasonably practicable;
Examples for this paragraph:
1. The results of monitoring show that the control measure does not control the risk.
2. A notifiable incident occurs because of the risk.
(b) before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control;
(c) a new relevant hazard or risk is identified;
(d) the results of consultation by the duty holder under the Act or these regulations indicate that a review is necessary;
(e) a health and safety representative requests a review under subregulation (4).
(3) Without limiting subregulation (2)(b), a change at the workplace includes —
(a) a change to the workplace itself or any aspect of the work environment; or
(b) a change to a system of work, a process or a procedure.
(4) A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that —
(a) a circumstance referred to in subregulation (2)(a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and
(b) the duty holder has not adequately reviewed the control measure in response to the circumstance.
Part 3.2 – General workplace management
(1) This regulation applies for the purposes of section 19 of the Act to a person conducting a business or undertaking.
(2) The person must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to —
(a) the nature of the work carried out by the worker; and
(b) the nature of the risks associated with the work at the time the information, training or instruction is provided; and
(c) the control measures implemented.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The person must ensure, so far as is reasonably practicable, that the information, training and instruction provided under this regulation is provided in a way that is readily understandable by any person to whom it is provided.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) A person conducting a business or undertaking must ensure that records are kept for a period of 7 years of all information, training and instruction provided to a worker in relation to a hazardous chemical to which the worker is likely to be exposed.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Note for this regulation:
Provision of information, training and instruction is also covered in Part 10.2 Division 6 and by the mine safety management system.
A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the following —
(a) the layout of the workplace allows, and the workplace is maintained so as to allow, for persons to enter and exit and to move about without risk to health and safety, both under normal working conditions and in an emergency;
(b) work areas have space for work to be carried out without risk to health and safety;
(c) floors and other surfaces are designed, installed and maintained to allow work to be carried out without risk to health and safety;
(d) lighting enables —
(i) each worker to carry out work without risk to health and safety; and
(ii) persons to move within the workplace without risk to health and safety; and
(iii) safe evacuation in an emergency;
(e) ventilation enables workers to carry out work without risk to health and safety;
(f) workers carrying out work in extremes of heat or cold are able to carry out work without risk to health and safety;
(g) work in relation to or near essential services does not give rise to a risk to the health and safety of persons at the workplace.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing facilities and eating facilities.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) The person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that the facilities provided under subregulation (1) are maintained so as to be —
(a) in good working order; and
(b) clean, safe and accessible.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) For the purposes of this regulation, a person conducting a business or undertaking must have regard to all relevant matters, including the following —
(a) the nature of the work being carried out at the workplace;
(b) the nature of the hazards at the workplace;
(c) the size, location and nature of the workplace;
(d) the number and composition of the workers at the workplace.
41A. Duty to protect from extremes of heat and cold
A person conducting a business or undertaking must ensure —
(a) that work practices are arranged so that workers are protected from extremes of heat and cold; and
(b) if the workplace is in a structure that, so far as is reasonably practicable, heating and cooling are provided to enable workers to work in a comfortable environment.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Note for this regulation:
See also regulation 635.
(1) If a worker’s work is done from a sitting position or is of a kind that can be satisfactorily done from a sitting position then the person conducting the business or undertaking must provide and maintain seating —
(a) that is designed having regard to the nature of the work to be performed and the characteristics of the work station; and
(b) that is strongly constructed, stable, comfortable and of suitable size and height for the worker; and
(c) that, if practicable, has a backrest or is otherwise designed to provide back support.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) If a worker’s work is done from a standing position and the worker’s work allows the worker to sit from time to time then, so far as is reasonably practicable, the person conducting the business or undertaking must provide and maintain seating so that the worker may sit for the periods when the worker is not working.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) A person conducting a business or undertaking at a workplace must ensure —
(a) the provision of first aid equipment for the workplace; and
(b) that each worker at the workplace has access to the equipment; and
(c) access to facilities for the administration of first aid.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) A person conducting a business or undertaking at a workplace must ensure that —
(a) an adequate number of workers are trained to administer first aid at the workplace; or
(b) workers have access to an adequate number of other persons who have been trained to administer first aid.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) For the purposes of this regulation, the person conducting the business or undertaking must have regard to all relevant matters, including the following —
(a) the nature of the work being carried out at the workplace;
(b) the nature of the hazards at the workplace;
(c) the size and location of the workplace;
(d) the number and composition of the workers and other persons at the workplace.
Division 4 – Emergency plans
Note for this Part:
Emergency plans are also covered in Part 10.2 Division 5 and by the mine safety management system.
(1) The mine operator of a mine must ensure that an emergency plan is prepared for the mine, that provides for the following —
(a) emergency procedures, including —
(i) an effective response to an emergency; and
(ii) evacuation procedures; and
(iii) notifying emergency service organisations at the earliest opportunity; and
(iv) medical assistance and intervention; and
(v) effective communication between the person authorised by the mine operator to coordinate the emergency response and all persons at the mine;
(b) testing of the emergency procedures, including the frequency of testing;
(c) information, training and instruction to relevant workers in relation to implementing the emergency procedures.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) The mine operator of a mine must maintain the emergency plan for the mine so that it remains effective.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) For the purposes of subregulations (1) and (2), the mine operator of the mine must have regard to all relevant matters, including the following —
(a) the nature of the work being carried out at the mine;
(b) the nature of the hazards at the mine;
(c) the size and location of the mine;
(d) the number and composition of the workers and other persons at the mine.
(4) The mine operator of a mine must implement the emergency plan for the mine in the event of an emergency.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Note for this regulation:
See also Part 10.2 Division 5 Subdivision 1.
(1) This regulation applies if personal protective equipment must be used to minimise a risk to health and safety in relation to work at a workplace in accordance with regulation 36.
(2) The person conducting a business or undertaking who directs the carrying out of work must provide the personal protective equipment to workers at the workplace, unless the personal protective equipment has been provided by another person conducting a business or undertaking.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Example for this subregulation:
Equipment that has been provided by a labour hire company.
(3) The person conducting the business or undertaking who directs the carrying out of work must ensure that personal protective equipment provided under subregulation (2) is —
(a) selected to minimise risk to health and safety, including by ensuring that the equipment is —
(i) suitable having regard to the nature of the work and any hazard associated with the work; and
(ii) a suitable size and fit and reasonably comfortable for the worker who must use or wear it;
and
(b) maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is —
(i) clean and hygienic; and
(ii) in good working order;
and
(c) used or worn by the worker, so far as is reasonably practicable.
(4) The person conducting a business or undertaking who directs the carrying out of work must provide the worker with information, training and instruction in —
(a) the proper use and wearing of personal protective equipment; and
(b) the storage and maintenance of personal protective equipment.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Note for this regulation:
A person conducting a business or undertaking must not charge or impose a levy on a worker for the provision of personal protective equipment (see section 273 of the Act).
The person conducting a business or undertaking who directs the carrying out of work must ensure, so far as is reasonably practicable, that —
(a) personal protective equipment to be used or worn by any person other than a worker at the workplace is capable of minimising risk to the person’s health and safety; and
(b) the person uses or wears the equipment.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) This regulation applies if a person conducting a business or undertaking provides a worker with personal protective equipment.
(2) The worker must, so far as the worker is reasonably able, use or wear the equipment in accordance with any information, training or reasonable instruction by the person conducting the business or undertaking.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(3) The worker must not intentionally misuse or damage the equipment.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(4) The worker must inform the person conducting the business or undertaking of any damage to, defect in or need to clean or decontaminate any of the equipment of which the worker becomes aware.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
A person other than a worker must wear personal protective equipment at a workplace in accordance with any information, training or reasonable instruction provided by the person conducting the business or undertaking at the workplace.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1A) In this regulation —
(1) A person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work, in accordance with Part 3.1.
Note for this subregulation:
WHS Act — section 19 (see regulation 9).
(2) In minimising risks to the health and safety of a worker associated with remote or isolated work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) [not used]
Note for this Part:
Managing risks from airborne contaminants is also covered in Part 10.2 Division 3 Subdivisions 2 and 3B and Division 4 Subdivisions 2 and 3 and by the underground ventilation control plan and the health management plan that form part of the mine safety management system.
(1) The mine operator of a mine must ensure that no person at the mine is exposed to a substance or mixture in an airborne concentration that exceeds the exposure standard for the substance or mixture.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) If there is no exposure standard for a particular substance or mixture, the mine operator of a mine must ensure that no person at the mine is exposed to 8‑hour time‑weighted average atmospheric concentrations of airborne dust comprising that substance or mixture that exceed —
(a) for respirable dust — 3.0 mg per cubic metre of air;
(b) for inhalable dust — 10.0 mg per cubic metre of air.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The Workplace Exposure Standards for Airborne Contaminants apply in relation to a concentration referred to in subregulation (2)(a) or (b) as if that concentration were an exposure standard referred to in those Standards.
(4) In subregulation (2) —
(1) The mine operator of a mine must ensure that air monitoring is carried out to determine the airborne concentration of a substance or mixture at the mine to which an exposure standard applies if —
(a) the mine operator is not certain on reasonable grounds whether or not the airborne concentration of the substance or mixture at the mine exceeds the relevant exposure standard; or
(b) monitoring is necessary to determine whether there is a risk to health.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) The mine operator of a mine must ensure that the results of air monitoring carried out under subregulation (1) are recorded, and kept for 30 years after the date the record is made.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(3) The mine operator of a mine must ensure that the results of air monitoring carried out under subregulation (1) are readily accessible to persons at the mine who may be exposed to the substance or mixture.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
Note for this regulation:
See also regulation 637.
In this Division —
(a) through which air cannot flow; and
(b) that is used for the same purpose as a ceiling or roof;
(a) an ignited or heated tobacco product; or
(b) an e‑cigarette that is generating or releasing (whether or not by burning) smoke, vapour or other aerosol;
(a) that is 1 metre or less in height; and
(b) of which more than 50% of its total vertical surface is open.
(1) A workplace or a part of a workplace that has the features mentioned in subregulations (2) and (3) is an
enclosed workplace for the purposes of this Division.(2) An
enclosed workplace is covered by a roof or a part of a roof.(3) An
enclosed workplace is configured so that the total vertical surface area of the solid material in the walls is more than 50% of the notional vertical surface area of the place as assessed in accordance with regulation 50C.(4) The total vertical surface area of the solid material in the walls must be assessed by —
(a) multiplying the following —
(i) the length of each wall under the roof or the part of a roof plus the length of each wall and each section of a wall that is 1 metre or less beyond the perimeter of the roof or the part of a roof when measured horizontally from the perimeter of the roof or the part of the roof;
(ii) the actual height of the walls and wall sections mentioned in subparagraph (i);
and
(b) deducting the total vertical surface area of the open parts of the walls or wall sections mentioned in paragraph (a)(i).
(5) The total vertical surface area of solid material in a wall must be assessed as if each window, door or vertical retractable covering in or adjacent to the wall —
(a) is closed; and
(b) forms part of the wall.
(6) A place is not an
enclosed workplace for the purposes of this Division if it is covered by a roof or a part of a roof and is bounded by only —(a) 1 straight wall; or
(b) 2 straight walls that are set in an angle of 90 degrees or more.
(7) A part of a workplace may be an enclosed workplace even though —
(a) it is part of a workplace that is not an enclosed workplace; or
(b) it is part of another part of a workplace that is not an enclosed workplace.
50C. Assessment of notional vertical surface area (1) The notional vertical surface area of a workplace must be assessed by multiplying the following —
(a) the length of the perimeter of the roof, or the part of a roof, covering the workplace;
(b) the average height of the roof, or the part of a roof, covering the workplace.
(2) The notional vertical surface area of a part of a workplace must be assessed by multiplying the following —
(a) the length of the perimeter of the roof, or the part of a roof, covering the part of the workplace;
(b) the average height of the roof, or the part of a roof, covering the part of the workplace.
50D. Persons not to smoke in enclosed workplace (1) An individual must not smoke in an enclosed workplace.
Penalty for this subregulation: a fine of $7 000.
(2) A person conducting a business or undertaking at an enclosed workplace or a worker at the workplace must not allow an individual to smoke in the workplace.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
It is a defence to a charge of an offence under regulation 50D for the person charged to prove that —
(a) the enclosed workplace is —
(i) a vehicle supplied by the person; or
(ii) the person’s residence (not including, in the case of a worker, accommodation provided to the worker by the person conducting a business or undertaking);
and
(b) no other person is present —
(i) who, in the case of a person conducting a business or undertaking, is that person’s employee; or
(ii) who, in the case of a worker, is also a worker at the workplace.
50F. Defence to r. 50D: smoking by actor in a performance
It is a defence to a charge of an offence under regulation 50D for the person charged to prove that the person smoking is an actor, artist or other performer who smokes for the purposes of a performance.
A person conducting a business or undertaking at, or a person with management or control of, an enclosed workplace, must ensure that notice is given or displayed to workers at the workplace to the effect that smoking is prohibited in the workplace.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1) If an inspector has reasonable cause to believe that an individual is smoking in contravention of regulation 50D(1), the inspector may require the individual to —
(a) in the case of an individual smoking an ignited or heated tobacco product —
(i) extinguish the tobacco product; or
(ii) extinguish or turn off the heat source that is heating the tobacco product;
or
(b) in the case of an individual smoking an e‑cigarette — stop smoking the e‑cigarette.
(2) A person must comply with an inspector’s requirement under subregulation (1).
Penalty for this subregulation: a fine of $7 000.
(1) In this regulation —
(a) exhaled by an individual smoking a tobacco product or e‑cigarette; or
(b) created by a tobacco product or e‑cigarette.
(2) A person conducting a business or undertaking at, or a person with management or control of, an enclosed workplace must ensure, so far as is reasonably practicable, that persons at the workplace are not exposed to either or both of the following —
(a) second‑hand smoke;
(b) a tobacco or nicotine by‑product.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1A) An atmosphere is a
hazardous atmosphere if —(a) the atmosphere does not have a safe oxygen level; or
(b) the concentration of oxygen in the atmosphere increases the fire risk; or
(c) the concentration of flammable gas, vapour, mist or fumes exceeds 5% of the LEL for the gas, vapour, mist or fumes; or
(d) combustible dust is present in a quantity and form that would result in a hazardous area.
(1) A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with a hazardous atmosphere at the workplace, in accordance with Part 3.1.
Note for this subregulation:
WHS Act — section 19 (see regulation 9).
(2) [not used]
(1) A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with an ignition source in a hazardous atmosphere (as defined in regulation 51(1A)) at the workplace, in accordance with Part 3.1.
Note for this subregulation:
WHS Act — section 19 (see regulation 9).
(2) This regulation does not apply if the ignition source is part of a deliberate process or activity at the workplace.
(1A) In this regulation —
(a) flammable and combustible liquids, including waste liquids, in containers, whether empty or full; and
(b) gas cylinders, whether empty or full.
(1) A person conducting a business or undertaking at a workplace must ensure that, if flammable or combustible substances are kept at the workplace, the substances are kept at the lowest practicable quantity for the workplace.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) [not used]
A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with an object falling on a person if the falling object is reasonably likely to injure the person.
Note for this regulation:
WHS Act — section 19 (see regulation 9).
(1) This regulation applies if it is not reasonably practicable to eliminate the risk referred to in regulation 54.
(2) The person conducting the business or undertaking at a workplace must minimise the risk of an object falling on a person by providing adequate protection against the risk in accordance with this regulation.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including —
(a) preventing an object from falling freely, so far as is reasonably practicable; or
(b) if it is not reasonably practicable to prevent an object from falling freely — providing, so far as is reasonably practicable, a system to arrest the fall of a falling object.
Examples for this regulation:
1. Providing a secure barrier.
2. Providing a safe means of raising and lowering objects.
3. Providing an exclusion zone persons are prohibited from entering.
A
(a) arises from, or relates to —
(i) the design or management of work; or
(ii) a work environment; or
(iii) plant at a workplace; or
(iv) workplace interactions or behaviours;
and
(b) may cause psychological harm (whether or not it may also cause physical harm).
A
A person conducting a business or undertaking must manage psychosocial risks in accordance with Part 3.1 other than regulation 36.
(1A) In this regulation —
(1) A person conducting a business or undertaking must implement control measures —
(a) to eliminate psychosocial risks so far as is reasonably practicable; and
(b) if it is not reasonably practicable to eliminate psychosocial risks — to minimise the risks so far as is reasonably practicable.
(2) In determining the control measures to implement, the person must have regard to all relevant matters, including —
(a) the duration, frequency and severity of the exposure of workers and other persons to the psychosocial hazards; and
(b) how the psychosocial hazards may interact or combine; and
(c) the design of work, including job demands and tasks; and
(d) the systems of work, including how work is managed, organised and supported; and
(e) the design and layout, and environmental conditions, of the workplace, including the provision of —
(i) safe means of entering and exiting the workplace; and
(ii) facilities for the welfare of workers;
and
(f) the design and layout, and environmental conditions, of workers’ accommodation; and
(g) the plant, substances and structures at the workplace; and
(h) workplace interactions or behaviours; and
(i) the information, training, instruction and supervision provided to workers.
(3) [not used]
Note for this regulation:
WHS Act — section 19 (see regulation 9).
In this Division —
(1) The regulator may, by written notice (a
medical examination notice ), direct a person conducting a business or undertaking to arrange, at the expense of the person and within the time specified in the notice, a medical examination of a worker whose name is specified in the notice.(2) The medical examination notice must specify the purpose of the proposed medical examination.
Note for this regulation:
A decision to issue a medical examination notice is a reviewable decision (see regulation 676).
(1) The regulator must ensure that, before the medical examination is conducted, the worker is advised of the nature of, and the reasons for, the medical examination so that the worker is sufficiently informed for the purposes of making a choice in the selection of a registered medical practitioner.
(2) For the purposes of selecting a registered medical practitioner to conduct the medical examination, the person conducting the business or undertaking must consult with the worker and give the worker a reasonable choice in the selection of the registered medical practitioner.
(1) A person conducting a business or undertaking must comply with a medical examination notice.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) It is a defence to a charge of an offence under subregulation (1) to prove that the worker who is the subject of the medical examination notice does not —
(a) agree to the selection of the registered medical practitioner; or
(b) consent to undergoing the examination.
(1) A registered medical practitioner who conducts a medical examination for the purposes of a medical examination notice must explain any test results to the worker and give a copy of the test results to the worker.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) A registered medical practitioner who conducts a medical examination for the purposes of a medical examination notice must give a copy of any medical report based on the test results or medical examination to the worker.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(3) A registered medical practitioner who conducts a medical examination for the purposes of a medical examination notice must give a copy of the test results to the regulator.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(4) A registered medical practitioner who conducts a medical examination for the purposes of a medical examination notice must, on the written request of the examined worker, give the registered medical practitioner’s findings on the examination to another registered medical practitioner who has been nominated by the examined worker.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
The regulator must inform the person conducting a business or undertaking who arranged a medical examination for the purposes of a medical examination notice of —
(a) the outcome of the medical examination; and
(b) any need for remedial action.
(1) This regulation applies if —
(a) the person conducting a business or undertaking at a mine arranged a medical examination for the purposes of a medical examination notice; and
(b) the person conducting the business or undertaking is not the mine operator of the mine.
(2) The person conducting the business or undertaking must inform the mine operator of the mine of —
(a) the outcome of the medical examination; and
(b) any need for remedial action.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Subject to regulation 55JA, a person conducting a business or undertaking must ensure that the results of a medical examination conducted for the purposes of a medical examination notice are treated as confidential records.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
Note for this Part:
See also regulation 675ZZK(1)(b) and Schedule 26 clause 2(3)(a) relating to noise officers.
(1) In this Part —
(a) LAeq,8h of 85 dB(A); or
(b) LC,peak of 140 dB(C).
(2) In subregulation (1) —
(1) A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety relating to hearing loss associated with noise.
Note for this subregulation:
WHS Act — section 19 (see regulation 9).
(2) A person conducting a business or undertaking at a workplace must, so far as is reasonably practicable, ensure that the noise that a worker is exposed to at the workplace does not exceed the exposure standard for noise.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1A) In this regulation —
(a) pure tone air conduction threshold tests; or
(b) evoked otoacoustic emission testing; or
(c) any other testing or measurement of a person’s hearing that has been recommended by an audiologist and that provides an equivalent or better measurement of hearing thresholds than those specified in paragraph (a) or (b).
(1) This regulation applies in relation to a worker who is frequently required by the person conducting the business or undertaking to use personal protective equipment to protect the worker from the risk of hearing loss associated with noise that exceeds the exposure standard for noise.
(2) The person conducting the business or undertaking who provides the personal protective equipment as a control measure must provide audiometric testing for the worker —
(a) within 3 months of the worker commencing the work; and
(b) in any event, at least every 2 years.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) [not used]
(1) A designer of plant must ensure that the plant is designed so that its noise emission is as low as is reasonably practicable.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) A designer of plant must give to each person who is provided with the design for the purpose of giving effect to it adequate information about —
(a) the noise emission values of the plant; and
(b) the operating conditions of the plant when noise emission is to be measured; and
(c) the methods the designer has used to measure the noise emission of the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) A manufacturer of plant must ensure that the plant is manufactured so that its noise emission is as low as is reasonably practicable.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) A manufacturer of plant must give to each person to whom the manufacturer provides the plant adequate information about —
(a) the noise emission values of the plant; and
(b) the operating conditions of the plant when noise emission is to be measured; and
(c) the methods the manufacturer has used to measure the noise emission of the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(5) An importer of plant must take all reasonable steps to —
(a) obtain information about —
(i) the noise emission values of the plant; and
(ii) the operating conditions of the plant when noise emission is to be measured; and
(iii) the methods the designer or manufacturer has used to measure the noise emission of the plant;
and
(b) give that information to any person to whom the importer supplies the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(6) A supplier of plant must take all reasonable steps to —
(a) obtain the information the designer, manufacturer or importer is required to give a supplier under subregulation (2), (4) or (5); and
(b) give that information to any person to whom the supplier supplies the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) A person conducting a business or undertaking must manage risks to health and safety relating to a musculoskeletal disorder associated with a hazardous manual task, in accordance with Part 3.1.
Note for this subregulation:
WHS Act — section 19 (see regulation 9).
(2) In determining the control measures to implement under subregulation (1), the person conducting the business or undertaking must have regard to all relevant matters that may contribute to a musculoskeletal disorder, including —
(a) postures, movements, forces and vibration relating to the hazardous manual task; and
(b) the duration and frequency of the hazardous manual task; and
(c) workplace environmental conditions that may affect the hazardous manual task or the worker performing it; and
(d) the design of the work area; and
(e) the layout of the workplace; and
(f) the systems of work used; and
(g) the nature, size, weight or number of persons, animals or things involved in carrying out the hazardous manual task.
61. Duties of designers, manufacturers, importers and suppliers of plant or structures (1) A designer of plant or a structure must ensure that the plant or structure is designed so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) If it is not reasonably practicable to comply with subregulation (1), the designer must ensure that the plant or structure is designed so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The designer must give to each person who is provided with the design for the purpose of giving effect to it adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) A manufacturer of plant or a structure must ensure that the plant or structure is manufactured so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(5) If it is not reasonably practicable to comply with subregulation (4), the manufacturer must ensure that the plant or structure is manufactured so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(6) The manufacturer must give to each person to whom the manufacturer provides the plant or structure adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(7) An importer of plant or a structure must take all reasonable steps to —
(a) obtain the information the designer or manufacturer is required to give under subregulation (3) or (6); and
(b) give that information to any person to whom the importer supplies the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(8) A supplier of plant or a structure must take all reasonable steps to —
(a) obtain the information the designer, manufacturer or importer is required to give a supplier under subregulation (3), (6) or (7); and
(b) give that information to any person to whom the supplier supplies the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) This Part applies to confined spaces that —
(a) are entered by any person; or
(b) are intended or likely to be entered by any person; or
(c) could be entered inadvertently by any person.
(2) In this Part, a reference to a confined space in relation to a person conducting a business or undertaking is a reference to a confined space that is under the person’s management or control.
Regulations 67 and 68 do not apply to the entry into a confined space by an emergency service worker if, at the direction of the emergency service organisation, the worker is —
(a) rescuing a person from the space; or
(b) providing first aid to a person in the space.
Regulations 67 and 68 do not apply to the entry into a confined space at a mine by a mine emergency worker if, at the direction of the site senior executive, the worker is —
(a) rescuing a person from the space; or
(b) providing first aid to a person in the space.
(1) This regulation applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space.
(2) A designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that —
(a) the need for any person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable; or
(b) if it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space —
(i) the need or risk is minimised so far as is reasonably practicable; and
(ii) the space is designed with a safe means of entry and exit; and
(iii) the risk to the health and safety of any person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that a worker does not enter a confined space before this Division has been complied with in relation to that space.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) A person conducting a business or undertaking must manage, in accordance with Part 3.1, risks to health and safety associated with a confined space at a workplace including risks associated with entering, working in, on or in the vicinity of the confined space (including a risk of a person inadvertently entering the confined space).
Note for this subregulation:
WHS Act — section 19 (see regulation 9).
(2) A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purposes of subregulation (1).
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(3) The person conducting the business or undertaking must ensure that a risk assessment conducted under subregulation (2) is recorded in writing.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(4) For the purposes of subregulations (1) and (2), the person conducting a business or undertaking must have regard to all relevant matters, including the following —
(a) whether the work can be carried out without the need to enter the confined space;
(b) the nature of the confined space;
(c) if the hazard is associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space — any change that may occur in that concentration;
(d) the work required to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working;
(e) the type of emergency procedures, including rescue procedures, required.
(5) The person conducting a business or undertaking must ensure that a risk assessment under this regulation is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under Part 3.1.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1) A person conducting a business or undertaking at a workplace must not direct a worker to enter a confined space to carry out work unless the person has issued a confined space entry permit for the work.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) A confined space entry permit must —
(a) be completed by a competent person; and
(b) be in writing; and
(c) specify the following —
(i) the confined space to which the permit relates;
(ii) the names of persons permitted to enter the space;
(iii) the period of time during which the work in the space will be carried out;
(iv) measures to control risk associated with the proposed work in the space;
and
(d) contain space for an acknowledgement that work in the confined space has been completed and that all persons have left the confined space.
(3) The control measures specified in a confined space permit must —
(a) be based on a risk assessment conducted under regulation 66; and
(b) include —
(i) control measures to be implemented for safe entry; and
(ii) details of the system of work provided under regulation 69.
(4) The person conducting a business or undertaking must ensure that, when the work for which the entry permit was issued is completed —
(a) all workers leave the confined space; and
(b) the acknowledgement referred to in subregulation (2)(d) is completed by the competent person.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) A person conducting a business or undertaking must ensure that signs that comply with subregulation (2) are erected —
(a) immediately before work in a confined space commences and while the work is being carried out; and
(b) while work is being carried out in preparation for, and in the completion of, work in a confined space.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) The signs must —
(a) identify the confined space; and
(b) inform workers that they must not enter the space unless they have a confined space entry permit; and
(c) be clear and prominently located next to each entry to the space.
69. Communication and safety monitoring
A person conducting a business or undertaking must ensure that a worker does not enter a confined space to carry out work unless the person provides a system of work that includes —
(a) continuous communication with the worker from outside the space; and
(b) monitoring of conditions within the space by a standby person who is in the vicinity of the space and, if practicable, observing the work being carried out.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) A person conducting a business or undertaking must, so far as is reasonably practicable, eliminate any risk associated with work in a confined space in either of the following circumstances —
(a) the introduction of any substance or condition into the space from or by any plant or services connected to the space;
(b) the activation or energising in any way of any plant or services connected to the space.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) If it is not reasonably practicable for the person to eliminate risk under subregulation (1), the person must minimise that risk so far as is reasonably practicable.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1A) In this regulation —
(1) A person conducting a business or undertaking must ensure, in relation to work in a confined space, that —
(a) purging or ventilation of any contaminant in the atmosphere of the space is carried out, so far as is reasonably practicable; and
(b) pure oxygen or gas mixtures with oxygen in a concentration exceeding 21% by volume are not used for purging or ventilation of any airborne contaminant in the space.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) The person must ensure that, while work is being carried out in a confined space —
(a) the atmosphere of the space has a safe oxygen level; or
(b) if it is not reasonably practicable to comply with paragraph (a) and the atmosphere in the space has an oxygen level less than 19.5% by volume — any worker carrying out work in the space is provided with air supplied respiratory equipment.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Notes for this regulation:
1. Regulation 44 applies to the use of personal protective equipment, including the equipment provided under subregulation (2).
2. Regulation 50 applies to airborne contaminants.
(3) [not used]
(1) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that while work is being carried out in a confined space, the concentration of any flammable gas, vapour or mist in the atmosphere of the space is less than 5% of its LEL.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) If it is not reasonably practicable to limit the atmospheric concentration of a flammable gas, vapour or mist in a confined space to less than 5% of its LEL and the atmospheric concentration of the flammable gas, vapour or mist in the space is —
(a) equal to or greater than 5% but less than 10% of its LEL — the person must ensure that any worker is immediately removed from the space unless a suitably calibrated, continuous‑monitoring flammable gas detector is used in the space; or
(b) equal to or greater than 10% of its LEL — the person must ensure that any worker is immediately removed from the space.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
A person conducting a business or undertaking must ensure that an ignition source is not introduced into a confined space (from outside or within the space) if there is a possibility of the ignition source causing a fire or explosion in the space.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) A person conducting a business or undertaking must —
(a) establish first aid procedures and rescue procedures to be followed in the event of an emergency in a confined space; and
(b) ensure that the procedures are practised as necessary to ensure that they are efficient and effective.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) The person must ensure that first aid and rescue procedures are initiated from outside the confined space as soon as practicable in an emergency.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The person must ensure, in relation to any confined space, that —
(a) the entry and exit openings of the confined space are large enough to allow emergency access; and
(b) the entry and exit openings of the space are not obstructed; and
(c) plant, equipment and personal protective equipment provided for first aid or emergency rescue are maintained in good working order.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Note for this regulation:
See Part 3.2 for general provisions relating to first aid, personal protective equipment and emergency plans.
(1) This regulation applies in relation to a worker who is to enter a confined space in order to carry out first aid or rescue procedures in an emergency.
(2) The person conducting the business or undertaking for which the worker is carrying out work must ensure that air supplied respiratory equipment is available for use by, and is provided to, the worker in an emergency in which —
(a) the atmosphere in the confined space does not have a safe oxygen level; or
(b) the atmosphere in the space has a harmful concentration of an airborne contaminant; or
(c) there is a serious risk of the atmosphere in the space becoming affected in the way referred to in paragraph (a) or (b) while the worker is in the space.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The person conducting the business or undertaking for which the worker is carrying out work must ensure that suitable personal protective equipment is available for use by, and is provided to, the worker in an emergency in which —
(a) an engulfment has occurred inside the confined space; or
(b) there is a serious risk of an engulfment occurring while the worker is in the space.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Note for this subregulation:
Regulation 44 applies to the use of personal protective equipment, including the equipment provided under this regulation.
(1A) In this regulation —
(a) a worker who, in carrying out work for the business or undertaking, could —
(i) enter or work in a confined space; or
(ii) carry out any function in relation to work in a confined space or the emergency procedures established under regulation 74, but who is not required to enter the space;
or
(b) any person supervising a worker referred to in paragraph (a).
(1) A person conducting a business or undertaking must ensure that relevant workers are provided with suitable and adequate information, training and instruction in relation to the following —
(a) the nature of all hazards relating to a confined space;
(b) the need for, and the appropriate use of, control measures to control risks to health and safety associated with those hazards;
(c) the selection, fit, use, wearing, testing, storage and maintenance of any personal protective equipment;
(d) the contents of any confined space entry permit that may be issued in relation to work carried out by the worker in a confined space;
(e) emergency procedures.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) The person must ensure that a record of all training provided to a relevant worker under this regulation is kept for 2 years.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(3) [not used]
(1) This regulation applies if a person conducting a business or undertaking —
(a) prepares a risk assessment under regulation 66; or
(b) issues a confined space entry permit under regulation 67.
(2) Subject to subregulation (3), the person must keep —
(a) a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and
(b) a copy of the confined space entry permit at least until the work to which it relates is completed.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(3) If a notifiable incident occurs in connection with the work to which the assessment or permit relates, the person must keep the copy of the assessment or permit (as applicable) for at least 2 years after the incident occurs.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(4) The person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available for inspection under the Act.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(5) The person must ensure that, for the period for which the assessment or permit must be kept under this regulation, a copy is available to any relevant worker on request.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1A) In this regulation —
(a) a surface that is structurally capable of supporting all persons and things that may be located or placed on it; and
(b) barriers around its perimeter and any openings to prevent a fall; and
(c) an even and readily negotiable surface and gradient; and
(d) a safe means of entry and exit.
(1) A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with a fall by a person from one level to another that is reasonably likely to cause injury to the person or any other person.
Note for this subregulation:
WHS Act — section 19 (see regulation 9).
(2) Subregulation (1) includes the risk of a fall —
(a) in or on an elevated workplace from which a person could fall; or
(b) in the vicinity of an opening through which a person could fall; or
(c) in the vicinity of an edge over which a person could fall; or
(d) on a surface through which a person could fall; or
(e) in any other place from which a person could fall.
(3) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that any work that involves the risk of a fall to which subregulation (1) applies is carried out on the ground or on a solid construction.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) A person conducting a business or undertaking must provide safe means of access to and exit from —
(a) the workplace; and
(b) any area within the workplace referred to in subregulation (2).
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(5) [not used]
(1A) In this regulation —
(a) a secure fence; and
(b) edge protection; and
(c) working platforms; and
(d) covers.
(1) This regulation applies if it is not reasonably practicable for the person conducting a business or undertaking at a workplace to eliminate the risk of a fall to which regulation 78 applies.
(2) The person must minimise the risk of a fall by providing adequate protection against the risk in accordance with this regulation.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including by —
(a) providing a fall prevention device if it is reasonably practicable to do so; or
(b) if it is not reasonably practicable to provide a fall prevention device, providing a work positioning system; or
(c) if it is not reasonably practicable to comply with either paragraph (a) or (b), providing a fall arrest system, so far as is reasonably practicable.
Notes for this subregulation:
1. See regulation 5 for definitions of fall arrest system and work positioning system.
2. A combination of the controls set out in this subregulation may be used to minimise risks, so far as is practicable, if a single control is not sufficient for the purpose.
Examples for this subregulation:
1. Providing temporary work platforms.
2. Providing training in relation to the risks involved in working at the workplace.
3. Providing safe work procedures, safe sequencing of work, safe use of ladders, permit systems and appropriate signs.
(4) This regulation does not apply in relation to the following work —
(a) the performance of stunt work;
(b) the performance of acrobatics;
(c) a theatrical performance;
(d) a sporting or athletic activity;
(e) horse riding.
Note for this subregulation:
Regulation 36 applies to the management of risk in relation to this work.
(1) A person conducting a business or undertaking or a principal contractor at, or a person with management or control of, a workplace must ensure that any hole or opening (other than a blast hole at a mine, lift well, ore or waste pass with a grizzly at a mine, stairwell or vehicle inspection pit) with dimensions of more than 200 mm x 200 mm but less than 2 metres x 2 metres or with a diameter greater than 200 mm but less than 2 metres —
(a) in a floor, other than a concrete floor, of a structure at the workplace is covered with a material that is securely fixed to the floor and is strong enough to prevent persons or things entering or falling through or into the hole or opening; or
(b) in a concrete floor of a structure at the workplace —
(i) has, if reasonably practicable, wire mesh that meets the requirements of subregulation (2); and
(ii) is covered with a material that is securely fixed to the floor and is strong enough to prevent persons or things entering or falling through or into the hole or opening.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) The wire in the wire mesh referred to in subregulation (1)(b)(i) must —
(a) be at least 4 mm in diameter; and
(b) have maximum apertures of 75 mm x 75 mm; and
(c) be embedded, at least 200 mm in the edges of the surrounding concrete; and
(d) be embedded either —
(i) in the upper half of the slab with a minimum concrete cover of 20 mm; or
(ii) in the lower half of the slab with a minimum cover of 30 mm.
(3) A person to whom subregulation (1) applies must ensure that —
(a) wire mesh referred to in subregulation (1)(b)(i) —
(i) is not used as a working platform; and
(ii) is only removed for the purposes of installing services in circumstances where the removal takes place immediately before the installation of a service and the only portion removed is the minimum portion required to be removed for the installation;
and
(b) any cover referred to in subregulation (1)(a) or (b)(ii) —
(i) is marked in clearly legible lettering with the words “DANGER — HOLE BENEATH”; and
(ii) is only removed for the purposes of installing services in circumstances where the removal takes place immediately before the installation of a service.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1A) In this regulation —
(a) a worker who, in carrying out work in the business or undertaking, uses or is to use a fall arrest system; and
(b) a worker who may be involved in initiating or implementing the emergency procedures.
(1) This regulation applies if a person conducting a business or undertaking provides a fall arrest system as a control measure.
(2) Without limiting regulation 79, the person must establish emergency procedures, including rescue procedures, in relation to the use of the fall arrest system.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The person must ensure that the emergency procedures are tested so that they are effective.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) The person must provide relevant workers with suitable and adequate information, training and instruction in relation to the emergency procedures.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(5) [not used]
A person must not carry out a class of high risk work unless the person holds a high risk work licence for that class of high risk work, except as provided in regulation 82.
Notes for this regulation:
1. See section 43 of the Act.
2. Schedule 3 sets out the high risk work licences and classes of high risk work that are within the scope of each licence. Schedule 4 sets out the qualifications required for a high risk work licence.
(1) A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out —
(a) in the course of training towards a certification in order to be licensed to carry out the high risk work; and
(b) under the supervision of a person who is licensed to carry out the high risk work.
(1A) A person who holds a certification in relation to a specified VET course for high risk work is not required to be licensed to carry out the work —
(a) for 60 days after the certification is issued; and
(b) if the person applies for the relevant high risk work licence within that 60 day period, until —
(i) the person is granted the licence; or
(ii) the expiry of 28 days after the person is given written notice under the
Work Health and Safety (General) Regulations 2022 regulation 91(2) of a decision to refuse to grant the licence.
(1B) A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out while an accredited assessor as defined in the
Work Health and Safety (General) Regulations 2022 regulation 5 is conducting an assessment of the person’s competency in relation to the work.(2) A person who carries out high risk work involving plant is not required to be licensed if —
(a) the work is carried out at a workplace solely for the purpose of the manufacture, testing, trialling, installation, commissioning, maintenance, servicing, repair, alteration, demolition or disposal of the plant at that workplace or moving the plant within the workplace; and
(b) the plant is operated or used without a load except when standard weight loads with predetermined fixing points are used for calibration of the plant.
(3) For the purposes of subregulation (2)(a),
moving includes operating the plant in order to load the plant onto, or unload it from, a vehicle or equipment used to move it.(4) A person who carries out high risk work with a crane or hoist is not required to be licensed as a crane operator if —
(a) the work is limited to setting up or dismantling the crane or hoist; and
(b) the person carrying out the work holds a licence in relation to rigging, which qualifies the person to carry out the work.
Note for this subregulation:
See Schedule 3 for the classes of crane operator licence.
(5) A person who carries out high risk work with a heritage boiler is not required to be licensed as a boiler operator.
(1) In this Subdivision, a reference to a high risk work licence includes a reference to an equivalent licence —
(a) granted under a corresponding WHS law; and
(b) that is being used in accordance with the terms and conditions under which it was granted.
(2) Subregulation (1) does not apply to a licence that is suspended or cancelled or has expired in the corresponding jurisdiction.
(1A) In this regulation —
(a) directing, demonstrating, monitoring and checking the person’s work in a way that is appropriate to the person’s level of competency; and
(b) ensuring a capacity to respond in an emergency situation.
(1) A person conducting a business or undertaking must ensure that a person supervising the work of a person carrying out high risk work as required by regulation 82(1) provides direct supervision of the person except in the circumstances set out in subregulation (2).
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) Direct supervision of a person is not required if —
(a) the nature or circumstances of a particular task make direct supervision impracticable or unnecessary; and
(b) the reduced level of supervision will not place the health or safety of the supervised person or any other person at risk.
(3) [not used]
(1) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work for which a high risk work licence is required unless the person sees written evidence provided by the worker that the worker has the relevant high risk work licence for that work.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in regulation 82(1) unless the person sees written evidence provided by the worker that the worker is undertaking the course of training referred to in regulation 82(1)(a).
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2A) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out high risk work in the circumstances referred to in regulation 82(1A) unless the person sees written evidence provided by the worker that the worker —
(a) in the circumstances referred to in regulation 82(1A)(a) — holds a certification referred to in regulation 82(1A); and
(b) in the circumstances referred to in regulation 82(1A)(b) —
(i) holds a certification referred to in regulation 82(1A); and
(ii) has applied for the relevant licence within the period referred to in regulation 82(1A)(b).
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(3) A person conducting a business or undertaking at a workplace must not direct or allow a worker to supervise high risk work as referred to in regulations 82(1) and 84 unless the person sees written evidence that the worker holds the relevant high risk work licence for that high risk work.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(4) A person conducting a business or undertaking at a workplace must keep a record of the written evidence provided —
(a) under subregulation (1) or (2) — for at least 1 year after the high risk work is carried out;
(b) under subregulation (3) — for at least 1 year after the last occasion on which the worker performs the supervision work.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(1) A licence holder must keep the licence document available for inspection under the Act.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(2) Subregulation (1) does not apply if the licence document is not in the licence holder’s possession because —
(a) it has been returned to the regulator under the
Work Health and Safety (General) Regulations 2022 regulation 97; or(b) the licence holder has applied for, but has not received, a replacement licence document under the
Work Health and Safety (General) Regulations 2022 regulation 98.
(1) This Division does not apply to demolition work on a structure by a person in the metal fabrication or engineering industry in the course of maintaining, refurbishing, upgrading, modifying or decommissioning plant.
(2) This Division does not apply to demolition work on —
(a) a fence or wall less than 1.8 metres in height; or
(b) a structure less than 2 metres in height.
142B. Requirement to hold Class 1 demolition licence (1) A person carries out
Class 1 demolition work if the person carries out any of the following kinds of demolition work —(a) work comprising the total demolition or dismantling of a structure that is 10 metres or more in height when measured from the lowest ground level of the structure to the highest part of the structure;
(b) work —
(i) comprising the partial demolition or dismantling of a structure that is 10 metres or more in height when measured from the lowest ground level of the structure to the highest part of the structure; and
(ii) affecting the structural integrity of the structure;
(c) work —
(i) comprising demolition work on a structure; and
(ii) involving the use of load shifting equipment on a suspended floor;
(d) work comprising demolition work on pre‑tensioned or post‑tensioned structural components of a structure;
(e) work comprising demolition work on a structure containing precast concrete elements erected by the tilt‑up method of construction;
(f) work involving the removal of key structural members of a structure so that the whole or a part of the structure collapses;
(g) work done to a structure involving explosives;
(h) work comprising demolition work on a structure that involves the use of a tower crane or any crane with a safe working load greater than 100 tonnes;
(i) work involving the removal of an area of brittle or fragile roofing material in excess of 200 m
2 from a structure if any part of the area to be removed is 10 metres or more above the lowest ground level of the structure.
(2) A person must not carry out Class 1 demolition work unless the person, or the person on whose behalf the work is carried out, holds a Class 1 demolition licence.
Note for this subregulation:
See section 43(1) of the Act.
(3) A person who conducts a business or undertaking must not direct or allow a worker to carry out Class 1 demolition work unless the person holds a Class 1 demolition licence.
Note for this subregulation:
See section 43(2) of the Act.
(1) A person carries out
Class 2 demolition work if the person carries out demolition work comprising demolition work involving a structure that is less than 10 metres in height when measured from the lowest ground level of the structure to the highest part of the structure, excluding —(a) demolition work involving a single storey dwelling; or
(b) work of a kind referred to in regulation 142B(1)(c), (d), (e), (f), (g) or (h).
(2) A person must not carry out Class 2 demolition work unless the person, or the person on whose behalf the work is carried out, holds a demolition licence.
Note for this subregulation:
See section 43(1) of the Act.
(3) A person who conducts a business or undertaking must not direct or allow a worker to carry out Class 2 demolition work unless the person holds a demolition licence.
Note for this subregulation:
See section 43(2) of the Act.
A person who holds a demolition licence must ensure that every person carrying out demolition work authorised by the licence is a competent person.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) A person who holds a demolition licence must ensure that demolition work authorised by the licence is supervised by a supervisor who —
(a) is a competent person; and
(b) is nominated to the regulator by the person who holds the demolition licence; and
(c) is approved by the regulator.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) The regulator may approve a nominated supervisor only if the person is a competent person.
(3) The person who holds the demolition licence may be the supervisor if the person is an individual.
(1) A person who proposes to carry out Class 1 demolition work or Class 2 demolition work in a manner that would be in accordance with AS 2601 must notify the regulator at least 5 working days before the work is intended to begin.
(2) The notification must be made in the approved form and in the manner approved by the regulator and must be accompanied —
(a) by written confirmation of the nominated supervisor that another person will not be allowed to carry out the demolition work unless that person is a competent person; and
(b) by written confirmation of the person who holds a demolition licence —
(i) that the demolition work will be directly supervised by a competent person at all times when the demolition work is being carried out; and
(ii) of the name and qualifications or experience of the person who will conduct the supervision.
(3) If an emergency service worker carries out, or proposes to carry out, demolition work at the direction of an emergency service organisation in responding to an emergency, the emergency service organisation must give notice under subregulation (1) as soon as practicable (whether before or after the work is carried out).
(4) If a mine emergency worker carries out, or proposes to carry out, demolition work at the direction of the site senior executive in responding to an emergency, the site senior executive must give notice under subregulation (1) as soon as practicable (whether before or after the work is carried out).
(1) A person who proposes to carry out Class 1 demolition work or Class 2 demolition work but to carry out the work in a manner that would not be in accordance with AS 2601 must, at least 10 working days before the work is intended to begin, apply to the regulator for approval to carry out the work.
(2) The application must be made in the approved form and in the manner approved by the regulator and must be accompanied by —
(a) the work plan referred to in AS 2601 in respect of the demolition work; and
(b) such other information as the regulator requires to consider the application.
142H. Regulator’s functions as to application under r. 142G (1) The regulator must acknowledge the receipt of an application under regulation 142G within 10 days of receiving the application.
(2) The acknowledgment must be given to the applicant in writing and must include 1 of the following —
(a) advice to the effect that the demolition work has not been approved by the regulator;
(b) advice to the effect that the demolition work has been approved by the regulator without conditions;
(c) advice to the effect that the demolition work has been approved by the regulator on conditions imposed or to be imposed by the regulator.
(3) The regulator may impose any condition that the regulator thinks is necessary in relation to any work health and safety matter in respect of demolition work that is the subject of an application under regulation 142G.
(4) However, if the regulator imposes a condition then it must be communicated to the applicant within 50 days from the day of the acknowledgment.
(5) If the regulator does not make a decision in relation to the application within 120 days after receiving the application, the regulator is taken to have refused to approve the demolition work.
Notes for this regulation:
1. A decision to approve demolition work subject to conditions (see subregulation (2)(c)) is a reviewable decision (see regulation 676).
2. A refusal to approve demolition work (including under subregulation (5)) is a reviewable decision (see regulation 676).
A person must not carry out Class 1 demolition work or Class 2 demolition work unless —
(a) in the case of work to be carried out in accordance with AS 2601, the regulator has been notified in accordance with regulation 142F; or
(b) in the case of work that is not to be carried out in accordance with AS 2601, the regulator has approved the work under regulation 142H and conditions imposed or to be imposed by the regulator have been communicated to the person who applied for the approval.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) A person who, at a workplace where demolition work other than Class 1 demolition work or Class 2 demolition work is being carried out, is a person conducting a business or undertaking or a principal contractor must ensure, subject to subregulation (2), that the work is carried out in accordance with AS 2601.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) For the purposes of subregulation (1) it is not necessary for a person referred to in that subregulation to ensure that the work plan required to be prepared under AS 2601 is submitted to the regulator for approval.
(1) A person who holds a demolition licence must ensure, subject to subregulation (2), that any Class 1 demolition work or Class 2 demolition work that is to be carried out in accordance with AS 2601 and which is carried out by the person is done in accordance with AS 2601.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) For the purposes of subregulation (1) it is not necessary for a person referred to in that subregulation to ensure that the work plan required to be prepared under AS 2601 is submitted to the regulator for approval.
(3) A person who holds a demolition licence must ensure, in relation to any Class 1 demolition work or Class 2 demolition work that is not to be carried out in accordance with AS 2601 and which is carried out by the person, that —
(a) the work is carried out in accordance with the regulator’s approval to carry out the work under regulation 142H; and
(b) there is compliance with each condition (if any) imposed by the regulator in relation to the approval to carry out the work.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) A person who holds a demolition licence must ensure that at all times when Class 1 demolition work or Class 2 demolition work is being carried out under the demolition licence at a workplace, there is kept at the workplace —
(a) a copy of the notification or approval, as the case requires, and each condition (if any) imposed by the regulator, in relation to the work; and
(b) a copy of AS 2601; and
(c) a copy of the work plan referred to in AS 2601.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(2) A person who, at a workplace where demolition work other than Class 1 demolition work or Class 2 demolition work is being carried out, is a person conducting a business or undertaking or a principal contractor must ensure that at all times when the work is being carried out, there is kept at the workplace —
(a) a copy of AS 2601; and
(b) a copy of the work plan referred to in AS 2601.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(1) A person conducting a business or undertaking or a principal contractor at, or a person with management or control of, a workplace must ensure that any scaffold involved in demolition work, other than Class 1 demolition work or Class 2 demolition work, at the workplace —
(a) is a heavy duty scaffold that meets the requirements of AS/NZS 1576.1:2019 (Scaffolding — General Requirements); and
(b) is erected to the full height of the structure; and
(c) has a closely boarded platform with a minimum width of 1 metre that abuts on the face of the structure at the working level; and
(d) has a fender board not less than 900 mm high fitted on the outer edge and on the ends of the working platform; and
(e) has the external face and ends sheathed with a fire retardant material and wire mesh that has wires that are at least 3 mm in diameter and with apertures not greater than 50 mm x 50 mm; and
(f) is maintained in position and in an effective state up to the working level of the scaffold for the whole of the period during which the demolition work is being carried out; and
(g) is progressively dismantled so that the unsupported part of the scaffold does not exceed by more than 4 metres the height of the last row of ties that secure the scaffold to the structure.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) A licence holder must ensure that any scaffold involved in Class 1 demolition work or Class 2 demolition work that the person is carrying out at a workplace complies with subregulation (1)(a) to (g).
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) A person does not commit an offence under subregulation (1) or (2) if, proof of which is on the person, the scaffold is otherwise in accordance with any approval of, or a condition imposed by, the regulator in relation to the demolition work.
(1) An application for a demolition licence must be made under the
Work Health and Safety (General) Regulations 2022 regulation 142N.(2) [not used] (3) [not used] (4) [not used]
(1) A licence holder must keep the licence document issued under the
Work Health and Safety (General) Regulations 2022 regulation 142W available for inspection under the Act.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(2) Subregulation (1) does not apply if the licence document is not in the licence holder’s possession because —
(a) it has been returned to the regulator under the
Work Health and Safety (General) Regulations 2022 regulation 143F; and(b) the licence holder has applied for, but has not received, a replacement licence document under the
Work Health and Safety (General) Regulations 2022 regulation 143G.
Division 2 – Not used
Note for this Part:
General electrical safety in workplaces and energised electrical work is also covered in Part 10.2 Division 3 Subdivision 3A.
In this Part —
In this Part —
In this Part —
For the purposes of this Part, a reference in AS/NZS 3012:2010 (Electrical installations — Construction and demolition sites) to an electricity distributor is to be treated as a reference to a person who is a network operator under the
A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with electrical risks at the workplace, in accordance with Part 3.1.
Example for this regulation:
Electrical risks associated with the design, construction, installation, protection, maintenance and testing of electrical equipment and electrical installations at a workplace.
Note for this regulation:
WHS Act — section 19 (see regulation 9).
In this Division, a reference to
(1A) For the purposes of this regulation, electrical equipment or a component of electrical equipment is
unsafe if there are reasonable grounds for believing it to be unsafe.(1) A person conducting a business or undertaking at a workplace must ensure that any unsafe electrical equipment at the workplace —
(a) is disconnected (or isolated) from its electricity supply; and
(b) once disconnected (or isolated) —
(i) is not reconnected until it is repaired or tested and found to be safe; or
(ii) is replaced or permanently removed from use.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) [not used]
(1) A person conducting a business or undertaking at a workplace must ensure that electrical equipment is regularly inspected and tested by a competent person if the electrical equipment is —
(a) supplied with electricity through an electrical socket outlet; and
(b) used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) In the case of electrical equipment that is new and unused at the workplace, the person conducting the business or undertaking —
(a) is not required to comply with subregulation (1); and
(b) must ensure that the equipment is inspected for obvious damage before being used.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
Note for this subregulation:
However, electrical equipment that is unsafe must not be used (see regulation 149).
(3) The person must ensure that a record of any testing carried out under subregulation (1) is kept until the electrical equipment is —
(a) next tested; or
(b) permanently removed from the workplace or disposed of.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(4) The record of testing —
(a) must specify the following —
(i) the name of the person who carried out the testing;
(ii) the date of the testing;
(iii) the outcome of the testing;
(iv) the date on which the next testing must be carried out;
and
(b) may be in the form of a tag attached to the electrical equipment tested.
151. Untested electrical equipment not to be used
A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that electrical equipment is not used if the equipment —
(a) is required to be tested under regulation 150; and
(b) has not been tested.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1) A person who, at a workplace, is a person conducting a business or undertaking at, or a person with management or control of, the workplace must ensure that, before electrical work is carried out on a part of an electrical installation at the workplace, the part —
(a) is tested by a competent person to ascertain whether or not it is energised; and
(b) if it is found to be energised, is de‑energised by a competent person.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) Subregulation (1)(b) does not apply to electrical work carried out under the
Electricity (Licensing) Regulations 1991 regulation 55(2).
(1) In this regulation —
(a) means the space in the building that is —
(i) immediately under the roof; or
(ii) if there is a ceiling under the roof, or a part of the roof, the space between the roof, or that part of the roof, and the ceiling;
but
(b) does not include a habitable room in the roof space;
(2) A person who, at a workplace, is a person conducting a business or undertaking at, or a person with management or control of, the workplace must ensure that, before work is done in a roof space of a building at the workplace, the building’s electrical installation is de‑energised by a competent person.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) A worker must not do work in a roof space of a building at a workplace unless the building’s electrical installation is de‑energised by a competent person.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) If the roof space of a building to which subregulation (2) or (3) applies is divided into separate parts, such that a person cannot move from 1 part of the roof space to another, and each part relates to a separate dwelling, the requirement to de‑energise the building’s electrical installation only applies to the dwelling that relates to the part of the roof space in which the work is to be done.
(5) Subregulations (2) and (3) do not apply to work done by a competent person to test, service or commission an appliance or other equipment in or accessible by means of the roof space (for example, a gas appliance, air conditioner or antenna), to the extent necessary to energise the appliance or equipment, if —
(a) it is necessary to energise the appliance or equipment for the purpose of testing, servicing or commissioning the appliance or equipment; and
(b) a risk assessment has been undertaken in accordance with Part 3.1 by a competent person; and
(c) the competent person referred to in paragraph (b) is satisfied that —
(i) the risks identified by the risk assessment are or can be reduced to as low as reasonably practicable; and
(ii) the work can be carried out safely;
and
(d) if regulation 299 does not apply to the work — a safe work method statement for the work has been prepared in accordance with regulation 299, as if the work were high risk construction work and the place where the work is to be carried out were a construction site.
(6) Subregulations (2) and (3) do not require the de‑energisation of —
(a) service apparatus that is part of a building’s electrical installation; or
(b) a supply cable that is part of a building’s electrical installation if —
(i) the cable is from a solar power system, wind turbine or battery; and
(ii) it is not reasonably practicable to de‑energise the cable;
or
(c) any other part of a building’s electrical installation if it is not reasonably practicable to de‑energise that part.
(7) Subregulations (2) and (3) do not apply to electrical work carried out under the
Electricity (Licensing) Regulations 1991 regulation 55(2).
(1) A person conducting a business or undertaking that includes the carrying out of construction work must comply with AS/NZS 3012:2010 (Electrical installations — Construction and demolition sites).
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) For the purposes of subregulation (1), AS/NZS 3012:2010 (Electrical installations — Construction and demolition sites) applies as if any term that is defined in that standard and that is also defined in the Act or these regulations has the same meaning as it has in the Act or these regulations.
(3) If any requirement in AS/NZS 3012:2010 (Electrical installations — Construction and demolition sites) deals with the same matter as a requirement under this Part, it is sufficient that the person conducting the business or undertaking complies with the requirement in AS/NZS 3012:2010 as modified by subregulation (2).
(1) This regulation applies in the following circumstances —
(a) electrical equipment is used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust;
(b) electrical equipment is moved between different locations in circumstances where damage to the equipment or to a flexible electricity supply cord is reasonably likely;
(c) electrical equipment is frequently moved during its normal use.
(d) [not used]
(2) In a circumstance set out in subregulation (1), a person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that any electrical risk associated with the supply of electricity to the electrical equipment through a socket outlet is minimised by the use of an appropriate residual current device.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) Without limiting subregulation (2), the residual current device must have a tripping current that does not exceed 30 milliamps if electricity is supplied to the equipment through a socket outlet not exceeding 20 amps.
(4) Subregulation (2) does not apply if the supply of electricity to the electrical equipment —
(a) does not exceed 50 volts alternating current; or
(b) is direct current; or
(c) is provided through an isolating transformer that provides at least an equivalent level of protection; or
(d) is provided from a non‑earthed socket outlet supplied by an isolated winding portable generator that provides at least an equivalent level of protection.
165. Testing of residual current devices (1) A person with management or control of a workplace must take all reasonable steps to ensure that residual current devices used at the workplace are tested regularly by a competent person to ensure that the devices are operating effectively.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) The person must keep a record of all testing of a residual current device (other than any testing conducted daily) until the earlier of the following occurs —
(a) the device is next tested;
(b) the device is permanently removed from use.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an underground electric line.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) If it is not reasonably practicable to ensure the safe distance of a person, plant or thing from an underground electric line, the person conducting the business or undertaking at the workplace must ensure that —
(a) a risk assessment is conducted in relation to the proposed work; and
(b) control measures implemented are consistent with —
(i) the risk assessment; and
(ii) if a network operator is responsible for the electric line, any requirements of the network operator.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Note for this regulation:
The
(1) In this regulation —
(a) is within 0.5 metres of a live insulated overhead electric line or aerial bundled conductor line of a voltage of not more than 1 000 volts; or
(b) is within 1.0 metre of a live uninsulated overhead electric line of a voltage of not more than 1 000 volts; or
(c) is within 3.0 metres of a live overhead electric line, whether insulated or not, of a voltage exceeding 1 000 volts but not more than 33 000 volts; or
(d) is within 6.0 metres of a live overhead electric line, whether insulated or not, of a voltage exceeding 33 000 volts.
(2) Subject to subregulation (3), without limiting clause 2.5.6 of AS/NZS 3012:2010 (Electrical installations — Construction and demolition sites), a person conducting a business or undertaking at, or a person with management or control of, a workplace must ensure that a worker or any plant or material used or controlled by a worker does not enter the danger zone of an overhead electric line or aerial bundled conductor line.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) A person does not commit an offence under subregulation (2) if, proof of which is on the person —
(a) the overhead electric line has been adequately insulated and effectively cordoned off to protect the safety of persons or otherwise made safe, as the case requires; or
(b) the worker is authorised to carry out electrical work under the
Electricity Act 1945 .
Part 4.8 – Diving work
The purpose of this Part is to impose duties on a person conducting a business or undertaking at a workplace to ensure —
(a) the fitness and competence of persons who carry out general diving work and high risk diving work; and
(b) the health and safety of persons who carry out general diving work and high risk diving work; and
(c) the health and safety of other persons at workplaces where general diving work or high risk diving work is carried out.
(1) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work or undergo training for general diving work unless the worker holds a current certificate of medical fitness.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) The person must not direct or allow a worker to carry out general diving work or undergo training for diving work unless the work or training complies with any conditions on the current certificate of medical fitness of the worker.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
A certificate of medical fitness must —
(a) be issued by a registered medical practitioner with training in underwater medicine; and
(b) state the following —
(i) the name of the person to whom it is issued;
(ii) its date of issue and its expiry date;
(iii) whether or not the person to whom it is issued is, in accordance with the fitness criteria, medically fit to carry out diving work;
(iv) any conditions in relation to the type of diving work the person to whom it is issued is fit to carry out, or the circumstances in which the person is fit to carry out general diving work, including, in the case of a person who is under 18 years of age, any particular conditions applicable to the age of the person.
170. Duty to keep certificate of medical fitness
A person conducting a business or undertaking at a workplace must keep the certificate of medical fitness of a worker who carries out general diving work for 1 year after the work is carried out.
Penalty:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(1A) In this regulation —
(a) AS 2815.1:2021 Training and certification of occupational divers, Part 1: Occupational SCUBA diver;
(b) AS 2815.2:2021 Training and certification of occupational divers, Part 2: Surface supplied diver to 30 m;
(c) AS 2815.3:2021 Training and certification of occupational divers, Part 3: Surface supplied diving to 50 m;
(d) AS 2815.4:2021 Training and certification of occupational divers, Part 4: Closed bell diving;
(e) AS/NZS 2815.5:2013 Training and certification of occupational divers, Part 5: Dive supervisor;
(f) AS/NZS 2815.6:2013 Training and certification of occupational divers, Part 6: Restricted occupational SCUBA;
(1) A person must not carry out any type of general diving work unless the person holds a certificate for general diving work, issued by a training organisation, that demonstrates that the person has acquired the relevant competencies for that type of general diving work.
(2) This regulation does not apply in relation to incidental diving work or limited scientific diving work.
(3) [not used]
Note for this regulation:
See section 44 of the Act.
(1) A person must not carry out general diving work unless the person has, through training, qualification or experience, acquired sound knowledge and skill in relation to the following —
(a) the application of diving physics;
(b) the use, inspection and maintenance of diving equipment (including emergency equipment) and air supply of the type to be used in the proposed general diving work;
(c) the use of decompression tables or dive computers;
(d) dive planning;
(e) ways of communicating with another diver and with persons at the surface during general diving work;
(f) how to safely carry out general diving work of the type proposed to be carried out;
(g) diving physiology, emergency procedures and first aid.
(2) [not used]
Note for this regulation:
See section 44 of the Act.
(1A) In this regulation, a person has
relevant diving experience if the person has logged at least 15 hours of diving, of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the diving work is to be carried out.(1) A person must not carry out incidental diving work unless the person —
(a) has the knowledge and skill referred to in regulation 171A; and
(b) has relevant diving experience; and
(c) is accompanied and supervised in the water by a person who has the competencies referred to in regulation 171.
Note for this subregulation:
See section 44 of the Act.
(2) [not used]
(1A) In this regulation, a person has
relevant diving experience if the person has logged at least 60 hours of diving of which at least 8 hours and 20 minutes were spent diving between 10 metres above and any depth below the maximum depth at which the limited scientific diving work is to be carried out.(1) A person must not carry out limited scientific diving work unless the person has —
(a) the training, qualification or experience referred to in regulation 171A; and
(b) if the person is not permanently resident in Australia — relevant diving experience, including relevant diving experience obtained outside Australia.
Note for this subregulation:
See section 44 of the Act.
(2) [not used]
A person appointed under regulation 177 must not perform any function associated with that appointment unless the person has —
(a) the qualification specified in regulation 171; and
(b) experience in the type of diving work to be supervised.
Note for this regulation:
See section 44 of the Act.
(1) A person conducting a business or undertaking at a workplace must not direct or allow a worker to carry out general diving work unless the person sees written evidence provided by the worker that the worker has the relevant competence required under this Division.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(2) A person conducting a business or undertaking at a workplace must not direct or allow a person appointed under regulation 177 to perform any of the functions associated with that appointment unless the person conducting the business or undertaking sees written evidence provided by the person appointed that the person appointed has the competence required under regulation 174.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(3) A person conducting a business or undertaking must keep the written evidence given to the person —
(a) under subregulation (1) — for at least 1 year after the diving work is carried out;
(b) under subregulation (2) — for at least 1 year after the last occasion on which the person performs a function associated with the appointment.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(1) A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with general diving work, in accordance with Part 3.1.
Note for this subregulation:
WHS Act — section 19 (see regulation 9).
(2) A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purposes of subregulation (1).
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(3) The person must ensure that a risk assessment conducted under subregulation (2) is recorded in writing.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
A person conducting a business or undertaking at a workplace must appoint 1 or more competent persons to —
(a) supervise general diving work carried out in the business or undertaking; and
(b) perform other functions under this Division.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Note for this regulation:
See regulation 174 for the qualifications of the competent person.
(1) A person conducting a business or undertaking at a workplace must not direct or allow general diving work to be carried out unless a dive plan for the dive —
(a) is prepared by a competent person appointed under regulation 177; or
(b) has been prepared by a competent person appointed under regulation 177 on an earlier occasion for a similar dive.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) A dive plan must state the following —
(a) the method of carrying out the diving work to which it relates;
(b) the tasks and duties of each person involved in the dive;
(c) the diving equipment, breathing gases and procedures to be used in the dive;
(d) as applicable, dive times, bottom times and decompression profiles;
(e) hazards relating to the dive and measures to be implemented in the control of risks associated with those hazards;
(f) emergency procedures.
179. Dive plan must be complied with (1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that general diving work is carried out in accordance with the dive plan prepared for it.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) A person conducting a business or undertaking must ensure that a competent person appointed by the person under regulation 177 gives workers instruction in relation to the dive plan before commencing the diving work to which the plan relates.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
A person conducting a business or undertaking at a workplace where general diving work is carried out must keep a dive safety log that contains the following information about each dive carried out by a worker —
(a) the name of the worker who carries out the dive;
(b) the name of any other person with whom the dive is carried out;
(c) the name of the competent person appointed under regulation 177 to supervise the diving work;
(d) the date and location of the dive;
(e) the time each diver enters and leaves the water;
(f) the maximum depth of the dive;
(g) any incident, difficulty, discomfort or injury that occurs or is experienced during the dive;
(h) if the dive was carried out using a dive computer — the dive time;
(i) if the dive was carried out using dive tables — the repetitive dive group, if available, and either the bottom time or the dive time;
(j) if the repetitive group and surface interval result in a repetitive factor — the surface interval and the repetitive factor;
(k) if the dive is carried out using EANx —
(i) the oxygen content of the EANx; and
(ii) the maximum operating depth of the EANx;
(l) if the dive is carried out using mixed gas —
(i) the oxygen content and the nitrogen content (if any) of the gas; and
(ii) the maximum operating depth of the mixed gas; and
(iii) the minimum operating depth of the bottom mix.
Penalty:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(1A) In this regulation, an event is
verified in the dive safety log —(a) by signing; or
(b) if the log is electronic, by entering the verifier’s unique identifier.
(1) This regulation applies to a person conducting a business or undertaking at a workplace where general diving work is carried out.
(2) The person conducting the business or undertaking must ensure that, after each dive carried out in connection with the general diving work is completed, the return of each diver is verified in the dive safety log, as soon as practicable after the return, by —
(a) the diver; and
(b) a competent person appointed under regulation 177 to supervise the diving work.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(3) If workers are carrying out general diving work from a vessel, the person conducting the business or undertaking must ensure that a competent person appointed under regulation 177 to supervise the diving work makes and verifies entries in the dive safety log of the number of workers and other persons on board the vessel —
(a) before the diving work commences; and
(b) before the vessel leaves the location after the diving work is completed.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(4) The person conducting the business or undertaking must ensure that the dive safety log is kept for at least 1 year after the last entry is made.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(5) [not used]
(1) This regulation applies if a person conducting a business or undertaking prepares —
(a) a risk assessment under regulation 176; or
(b) a dive plan under regulation 178.
(2) Subject to subregulation (3), the person must keep —
(a) a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and
(b) a copy of the dive plan until the work to which it relates is completed.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(3) If a notifiable incident occurs in connection with the work to which the assessment or dive plan relates, the person must keep the assessment or dive plan (as applicable) for at least 2 years after the incident occurs.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(4) The person must ensure that, for the period for which the assessment or dive plan must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out the work to which the assessment or dive plan relates.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(5) The person must ensure that, for the period for which the assessment or dive plan must be kept under this regulation, a copy is available for inspection under the Act.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
A person conducting a business or undertaking at a workplace where high risk diving work is carried out must ensure that the following are in accordance with AS/NZS 2299.1:2015 (Occupational diving operations — Standard operational practice) —
(a) the fitness of persons carrying out the work;
(b) the competence of persons carrying out the work;
Note for this paragraph:
See section 44 of the Act.
(c) the carrying out of the work.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
A person must not carry out high risk diving work unless the person has the qualifications, knowledge, skills and experience required by AS/NZS 2299.1:2015 (Occupational diving operations — Standard operational practice) for work of the kind to be carried out by the person.
Note for this regulation:
See section 44 of the Act.
(1) A person conducting a business or undertaking at, or a person with management or control of, a workplace must ensure that a power tool is not used for cutting, grinding or abrasive polishing of engineered stone at the workplace unless the use is controlled.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) For the purposes of subregulation (1), the use of a power tool is
controlled if —(a) it is used with —
(i) an integrated water delivery system that supplies a continuous feed of water; or
(ii) a commercially available on tool extraction system connected to a Dust Class H Vacuum or other suitable system that captures the dust generated; or
(iii) if subparagraphs (i) and (ii) are not reasonably practicable, local exhaust ventilation;
and
(b) the person who is cutting, grinding or undertaking abrasive polishing of engineered stone is provided with respiratory protective equipment.
(3) For the purposes of subregulation (2)(b),
respiratory protective equipment is personal protective equipment that —(a) is designed to protect the wearer from the inhalation of airborne contaminants entering the nose, mouth and lungs; and
(b) complies with AS/NZS 1716:2012 (Respiratory protective devices).
(4) A person conducting a business or undertaking at, or a person with management or control of, a workplace must ensure that any controls used in accordance with subregulation (2) are properly designed, installed, used and maintained so that the controls are effective in reducing exposure to airborne crystalline silica dust generated as a result of the cutting, grinding or abrasive polishing of engineered stone.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) Subject to this regulation, this Part applies to all plant.
(2) Subject to subregulation (3), this Part does not apply to plant that —
(a) relies exclusively on manual power for its operation; and
(b) is designed to be primarily supported by hand.
(3) This Part applies to explosive power tools that are designed to be supported by hand.
This Part applies to structures as provided in this Part.
A designer of plant must ensure, when the design of the plant is made available to the manufacturer of the plant, that the manufacturer is provided with —
(a) information to enable the plant to be manufactured in accordance with the design specifications; and
(b) if applicable, information about —
(i) the installation, commissioning, decommissioning, use, handling, storage and, if the plant is capable of being dismantled, dismantling of the plant; and
(ii) the hazards and risks associated with the use of the plant that the designer has identified; and
(iii) testing or inspections to be carried out on the plant; and
(iv) the systems of work and competency of operators that are necessary for the safe use of the plant; and
(v) the emergency procedures (if any) that are required to be implemented if there is a malfunction of the plant.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
Note for this regulation:
A designer also has duties under section 22 of the Act.
If a manufacturer of plant informs the designer of the plant that there is a hazard in the design of the plant for which the designer has not provided a control measure, the designer must —
(a) revise the information originally supplied to the manufacturer to ensure that —
(i) the risk is eliminated so far as is reasonably practicable; or
(ii) if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable;
or
(b) notify the manufacturer, in writing, that the designer is of the opinion that it is not necessary to revise the information originally supplied to the manufacturer to ensure compliance with this Part.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
Note for this regulation:
A designer also has duties under section 22 of the Act.
(1) This regulation applies if a designer of plant uses guarding as a control measure.
(2) The designer must ensure, so far as is reasonably practicable, that the guarding designed for that purpose will prevent access to the danger point or danger area of the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The designer must ensure that —
(a) if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant — the guarding is a permanently fixed physical barrier; or
(b) if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant — the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time; or
(c) if it is not reasonably practicable to use guarding referred to in paragraph (a) or (b) — the guarding used is a physical barrier that can only be altered or removed by the use of tools; or
(d) if it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or (c) — the design includes a presence‑sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) The designer must ensure that the guarding is designed —
(a) to be of solid construction and securely mounted so as to resist impact or shock; and
(b) to make bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable; and
(c) so as not to cause a risk in itself.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(5) If the plant to be guarded contains moving parts and those parts may break or cause workpieces to be ejected from the plant, the designer must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(6) Despite anything to the contrary in this regulation, the designer must ensure —
(a) that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and
(b) if the guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) A designer of plant must ensure that the design provides for any operator’s controls for the plant to be —
(a) identified on the plant so as to indicate their nature and function and direction of operation; and
(b) located so as to be readily and conveniently operated by each person using the plant; and
(c) located or guarded to prevent unintentional activation; and
(d) able to be locked into the “off” position to enable the disconnection of all motive power.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the designer of the plant must ensure that the design provides for operator’s controls that —
(a) permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant; and
(b) while the plant is being maintained or cleaned, cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; and
(c) will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning —
(i) is eliminated so far as is reasonably practicable; or
(ii) if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) If plant is designed to be operated or attended by more than 1 person and more than 1 emergency stop control is fitted, the designer of the plant must ensure that the design provides for the multiple emergency stop controls to be of the “stop and lock‑off” type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) If the design of the plant includes an emergency stop control for the plant, the designer of the plant must ensure that the design provides —
(a) for the stop control to be prominent, clearly and durably marked and immediately accessible to each operator of the plant; and
(b) for any handle, bar or push button associated with the stop control to be coloured red; and
(c) that the stop control cannot be adversely affected by electrical or electronic circuit malfunction.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) This regulation applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.
(2) The designer of the plant must ensure that the design provides for the device to be positioned on the plant to ensure the device will work to best effect.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) A manufacturer of plant must ensure the following —
(a) that the plant is manufactured and inspected having regard to the information provided to the manufacturer by the designer of the plant under the Act and these regulations;
(b) if the information provided to the manufacturer by the designer of the plant under the Act and these regulations requires the plant to be tested — that the plant is tested in accordance with that information;
(c) if, during the manufacturing process, any hazard is identified in the design of the plant for which the designer has not provided a control measure —
(i) that the hazard is not incorporated into the manufacture of the plant; and
(ii) that the designer of the plant is given written notice of the hazard as soon as practicable; and
(iii) that all reasonable steps are taken to consult with the designer of the plant in relation to the alteration of the design to rectify the hazard.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) A manufacturer of plant must ensure that, if it is not possible to inform the designer about the hazard in accordance with subregulation (1) —
(a) the risk is eliminated, so far as is reasonably practicable; or
(b) if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.
Note for this subregulation:
WHS Act — section 23 (see regulation 9).
(3) A manufacturer to whom subregulation (1)(c) applies must not manufacture the plant until —
(a) the designer gives the manufacturer the revised information or written instruction under regulation 188; or
(b) the manufacturer eliminates or minimises the risk under subregulation (2).
Note for this subregulation:
WHS Act — section 23 (see regulation 9).
(4) If the designer notifies a manufacturer of plant under regulation 188, the manufacturer may proceed in accordance with the designer’s original information.
(1) A manufacturer of plant must ensure that guarding used as a control measure is of solid construction and securely mounted so as to resist impact or shock.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) A manufacturer of plant must ensure —
(a) that any guarding used as a control measure in relation to plant is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and
(b) if the guarding is removed — that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
A manufacturer of plant must —
(a) take all reasonable steps to obtain the information required to be provided to the manufacturer by the designer of the plant under section 22(4)(a) and (c) of the Act and regulations 187 and 188; and
(b) ensure that a person to whom the manufacturer supplies the plant is, at the time of supply, provided with the information provided to the manufacturer by the designer under section 22(4)(a) and (c) of the Act and regulation 187; and
(c) if the manufacturer acts in accordance with regulation 193(1)(c), ensure that a person to whom the manufacturer supplies the plant is provided with the information, applicable to the plant, that is required to be provided by the designer under section 22(4)(a) and (c) of the Act and regulation 188.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
An importer of plant must —
(a) take all reasonable steps to obtain —
(i) the information that would be required to be provided by a manufacturer under section 23(4)(a) and (c) of the Act; and
(ii) the information that would be required to be provided by the designer of the plant to the manufacturer under regulations 187 and 188;
and
(b) give that information to any person to whom the importer supplies the plant.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
An importer of plant must —
(a) ensure that the plant is inspected having regard to the information provided by the manufacturer; and
(b) if the information provided by the manufacturer requires the plant to be tested — ensure that the plant is tested in accordance with that information; and
(c) if any hazards are identified —
(i) ensure that the plant is not supplied until the risks have been eliminated so far as is reasonably practicable; and
(ii) if it is not reasonably practicable to eliminate the risks, inform the person to whom the plant is supplied about the risks;
and
(d) take all reasonable steps to ensure that the designer and manufacturer of the plant are consulted in relation to any alteration made to the plant to control the risk.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
A supplier of plant must —
(a) take all reasonable steps to obtain the information required to be provided by the manufacturer under section 23(4)(a) and (c) of the Act and these regulations; and
(b) ensure that, when the plant is supplied, the person to whom the plant is supplied is given the information obtained by the supplier under paragraph (a).
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1) A supplier of second‑hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) A supplier of second‑hand plant must ensure that the person to whom the plant is supplied is, before the plant is supplied, given written notice —
(a) of the condition of the plant; and
(b) of any faults identified under subregulation (1); and
(c) if appropriate, that the plant should not be used until the faults are rectified.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) This regulation does not apply to plant to be used for scrap or spare parts.
A supplier of plant to be used for scrap or spare parts must, before the plant is supplied, inform the person to whom the plant is supplied, either in writing or by marking the plant, that the plant is being supplied for scrap or spare parts and that the plant in its current form is not to be used as plant.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1) This regulation applies to a person who conducts a business or undertaking that installs, constructs or commissions plant that is to be used, or could reasonably be expected to be used, as, or at, a workplace.
(2) The person must ensure that the plant is installed, constructed or commissioned having regard to —
(a) the information provided by the designer, manufacturer, importer or supplier of the plant under the Act and these regulations; or
(b) the instructions provided by a competent person to the extent that those instructions relate to health and safety.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) This regulation applies to a person who conducts a business or undertaking that installs, constructs or commissions a structure that is to be used, or could reasonably be expected to be used, as or at, a workplace.
(2) The person must ensure that the structure is installed, constructed or commissioned having regard to —
(a) the information provided by the designer, manufacturer, importer or supplier of the structure under the Act and these regulations; or
(b) the instructions provided by a competent person to the extent that those instructions relate to health and safety.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Note for this Division:
A person with management or control of plant at a workplace is the person conducting a business or undertaking at the workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of
A person with management or control of plant at a workplace must manage risks to health and safety associated with plant, in accordance with Part 3.1.
Note for this regulation:
WHS Act — section 21 (see regulation 9).
(1) A person with management or control of plant at a workplace must not commission the plant unless the person has established that the plant is, so far as is reasonably practicable, without risks to the health and safety of any person.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) A person with management or control of plant at a workplace must not decommission or dismantle the plant unless the decommissioning or dismantling can be carried out, so far as is reasonably practicable, without risks to the health and safety of any person.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) A person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is a competent person.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) A person with management or control of plant at a workplace must ensure that a person who installs, assembles, constructs, commissions or decommissions or dismantles the plant is provided with the available information for eliminating or minimising risks to health or safety.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(5) A person with management or control of plant at a workplace must ensure that the processes for the installation, construction, commissioning, decommissioning and dismantling of plant include inspections that ensure, so far as is reasonably practicable, that risks associated with these activities are monitored.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
The person with management or control of plant at a workplace must, so far as is reasonably practicable, prevent alterations to or interference with the plant that are not authorised by the person.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) The person with management or control of plant at a workplace must take all reasonable steps to ensure that plant is used only for the purpose for which it was designed, unless the person has determined that the proposed use does not increase the risk to health or safety.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) In determining whether or not a proposed use of plant increases the risk to health or safety, the person with management or control of the plant must ensure that the risk associated with the proposed use is assessed by a competent person.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The person with management or control of plant at a workplace must take all reasonable steps to ensure that all health and safety features and warning devices (including guarding, operational controls, emergency stops and warning devices) are used in accordance with the instructions and information provided by that person under regulation 39.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that plant that is not in use is left in a state that does not create a risk to the health or safety of any person.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) This regulation applies if guarding is used as a control measure in relation to plant at a workplace.
(2) The person with management or control of the plant must ensure that —
(a) if access to the area of the plant requiring guarding is not necessary during operation, maintenance or cleaning of the plant, the guarding is a permanently fixed physical barrier; or
(b) if access to the area of the plant requiring guarding is necessary during operation, maintenance or cleaning of the plant, the guarding is an interlocked physical barrier that allows access to the area being guarded at times when that area does not present a risk and prevents access to that area at any other time; or
(c) if it is not reasonably practicable to use guarding referred to in paragraph (a) or (b), the guarding used is a physical barrier that can only be altered or removed by the use of tools; or
(d) if it is not reasonably practicable to use guarding referred to in paragraph (a), (b) or (c), the guarding includes a presence‑sensing safeguarding system that eliminates any risk arising from the area of the plant requiring guarding while a person or any part of a person is in the area being guarded.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The person with management or control of the plant must ensure that the guarding —
(a) is of solid construction and securely mounted so as to resist impact or shock; and
(b) makes bypassing or disabling of the guarding, whether deliberately or by accident, as difficult as is reasonably practicable; and
(c) does not create a risk in itself; and
(d) is properly maintained.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) If the plant to be guarded contains moving parts that may break or cause workpieces to be ejected from the plant, the person with management or control of the plant must ensure, so far as is reasonably practicable, that the guarding will control any risk from those broken or ejected parts and workpieces.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(5) Despite anything to the contrary in this regulation, the person with management or control of the plant must ensure —
(a) that the guarding is of a kind that can be removed to allow maintenance and cleaning of the plant at any time that the plant is not in normal operation; and
(b) if guarding is removed, that, so far as is reasonably practicable, the plant cannot be restarted unless the guarding is replaced.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that any pipe or other part of the plant associated with heat or cold is guarded or insulated so that the plant is without risks to the health and safety of any person.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) The person with management or control of plant at a workplace must ensure that any operator’s controls are —
(a) identified on the plant so as to indicate their nature and function and direction of operation; and
(b) located so as to be readily and conveniently operated by each person using the plant; and
(c) located or guarded to prevent unintentional activation; and
(d) able to be locked into the “off” position to enable the disconnection of all motive power.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) If the need for plant to be operated during maintenance or cleaning cannot be eliminated, the person with management or control of the plant at a workplace must ensure that the operator’s controls —
(a) permit operation of the plant while a person is undertaking the maintenance or cleaning of the plant; and
(b) while the plant is being maintained or cleaned, either —
(i) cannot be operated by any person other than the person who is carrying out the maintenance or cleaning of the plant; or
(ii) if subparagraph (i) cannot be complied with because the plant must be operated by a person other than the person who is carrying out the maintenance or cleaning of the plant, cannot be operated except by a person authorised by the person with management or control of the plant for that purpose;
and
(c) will allow operation of the plant in such a way that any risk associated with the activities in relation to any person who is carrying out the maintenance or cleaning —
(i) is eliminated so far as is reasonably practicable; or
(ii) if it is not reasonably practicable to eliminate the risk, is minimised so far as is reasonably practicable.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) If plant at a workplace is designed to be operated or attended by more than 1 person and more than 1 emergency stop control is fitted, the person with management or control of plant at the workplace must ensure that the multiple emergency stop controls are of the “stop and lock‑off” type so that the plant cannot be restarted after an emergency stop control has been used unless that emergency stop control is reset.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) If the design of plant at a workplace includes an emergency stop control, the person with management or control of the plant at the workplace must ensure that —
(a) the stop control is prominent, clearly and durably marked and immediately accessible to each operator of the plant; and
(b) any handle, bar or push button associated with the stop control is coloured red; and
(c) the stop control cannot be adversely affected by electrical or electronic circuit malfunction.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) This regulation applies if the design of plant includes an emergency warning device or it is necessary to include an emergency warning device to minimise risk.
(2) The person with management or control of the plant must ensure that the device is positioned on the plant to ensure that the device will work to best effect.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) The person with management or control of plant at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the plant is carried out by a competent person.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) The maintenance, inspection and testing must be carried out —
(a) in accordance with the manufacturer’s recommendations, if any; or
(b) if there are no manufacturer’s recommendations, in accordance with the recommendations of a competent person; or
(c) in relation to inspection, if it is not reasonably practicable to comply with paragraph (a) or (b), annually.
Subdivision 3 – Additional control measures for certain plant
Note for this Subdivision:
The person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of
The person with management or control of powered mobile plant at a workplace must in accordance with Part 3.1, manage risks to health and safety associated with the following —
(a) the plant overturning;
(b) things falling on the operator of the plant;
(c) the operator being ejected from the plant;
(d) the plant colliding with any person or thing;
(e) mechanical failure of pressurised elements of plant that may release fluids that pose a risk to health and safety.
Note for this regulation:
WHS Act — section 21 (see regulation 9).
(1) This regulation applies to a person with management or control of powered mobile plant at a workplace.
(2) The person must ensure, so far as is reasonably practicable, that a suitable combination of operator protective devices for the plant is provided, maintained and used.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The person must ensure, so far as is reasonably practicable, that no person other than the operator rides on the plant unless the person is provided with a level of protection that is equivalent to that provided to the operator.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) The person must ensure that the plant does not collide with pedestrians or other powered mobile plant.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(5) Without limiting subregulation (4), if there is a possibility of the plant colliding with pedestrians or other powered mobile plant, the person must ensure that the plant has a warning device that will warn persons who may be at risk from the movement of the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1A) In this regulation —
Examples for this definition:
1. Historical activity: a historical display, parade, demonstration or re‑enactment.
2. Activity ancillary to a historical activity: restoring, maintaining, modifying or housing a tractor used, or to be used, for a historical activity.
(1) The person with management or control of a tractor at a workplace must ensure that the tractor is not used unless it is securely fitted with a roll‑over protective structure.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) If a tractor is used in a place that is too low for the tractor to work while it is fitted with a roll‑over protective structure, the structure may be lowered or removed for the period during which the tractor is used in such a situation (but only if other measures to minimise the risk of roll‑over are in place).
(3) This regulation does not apply if the tractor is —
(a) installed in a fixed position, and in a manner, which would no longer permit it to be used as powered mobile plant; or
(b) a tractor with a mass of less than 560 kilograms or a mass of 15 000 kilograms or more; or
(c) a tractor with a mass of more than 800 kilograms and less than 15 000 kilograms manufactured, imported or originally purchased before 2 January 1981; or
(d) being used for a historical purpose or activity.
Note for this regulation:
Regulations 214 and 215 also apply to a tractor.
(1) The person with management or control of an industrial lift truck at a workplace must ensure that the truck is —
(a) equipped with lifting attachments that are suitable for the load to be lifted or moved by the truck; and
(b) operated in a manner that ensures that the risks to the operator of the truck and other persons at or near the workplace that arise from systems of work and the environment in which the truck is used —
(i) are eliminated so far as is reasonably practicable; or
(ii) if it is not reasonably practicable to eliminate the risks, are minimised so far as is reasonably practicable.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) The person with management or control of an industrial lift truck at a workplace must ensure that the truck is not used to carry a passenger unless —
(a) the truck is designed to carry a seated passenger; and
(b) the passenger seat is —
(i) fitted with suitable seat restraints; and
(ii) located within the zone of protection that is provided by the operator protective device required to be fitted to the industrial lift truck.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The person with management or control of an industrial lift truck at a workplace must take all reasonable steps to ensure that a passenger in an industrial lift truck is seated in a seat that complies with subregulation (2)(b).
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Note for this regulation:
Regulations 214 and 215 also apply to an industrial lift truck.
(1) This regulation applies in relation to plant that is used to lift or suspend persons or things.
(2) The person with management or control of plant at a workplace must ensure, so far as is reasonably practicable, that the plant used is specifically designed to lift or suspend the load.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) If it is not reasonably practicable to use plant that is specifically designed to lift or suspend the load, the person must ensure that —
(a) the plant does not cause a greater risk to health and safety than if specifically designed plant were used; and
(b) if the plant is lifting or suspending persons, the use of the plant complies with regulation 220.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) The person must ensure that the lifting and suspending is carried out —
(a) with lifting attachments that are suitable for the load being lifted or suspended; and
(b) within the safe working limits of the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(5) The person must ensure, so far as is reasonably practicable, that no loads are suspended or travel over a person unless the plant is specifically designed for that purpose.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(6) The person must ensure, so far as is reasonably practicable, that loads are lifted or suspended in a way that ensures that the load remains under control during the activity.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(7) The person must ensure, so far as is reasonably practicable, that no load is lifted simultaneously by more than 1 item of plant unless the method of lifting ensures that the load placed on each item of plant does not exceed the design capacity of the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) For the purposes of regulation 219(3)(b), the person with management or control of the plant at a workplace must ensure that —
(a) the persons are lifted or suspended in a work box that is securely attached to the plant; and
(b) the persons in the work box remain substantially within the work box while they are being lifted or suspended; and
(c) if there is a risk of a person falling from a height, a safety harness is provided and worn by the person in order to prevent, so far as is reasonably practicable, injury to the person as a result of the fall; and
(d) means are provided by which the persons being lifted or suspended can safely exit from the plant in the event of a failure in its normal operation.
(2) This regulation does not apply to plant used in connection with —
(a) the performance of stunt work; or
(b) the performance of acrobatics; or
(c) theatrical performances.
Note for this regulation:
Part 4.4 (except regulation 79) applies to the matters in subregulation (2).
(1A) In this regulation —
(1) Regulation 220(1)(a) and (b) do not apply in connection with tree lopping if —
(a) a risk assessment shows that lifting or suspending a person in a harness with a crane to place the person in a tree to carry out tree lopping does not create a greater risk to health or safety than using plant specifically designed to lift a person or climbing a tree; and
(b) the tree lopping is carried out by a person who is a competent person in the use of the harness referred to in paragraph (a); and
(c) a crane is used to put the competent person in the tree to lop it; and
(d) the crane has safety mechanisms that would prevent the competent person from inadvertently falling; and
(e) while attached to the crane, the competent person is in visual, audio or radio communication with the crane operator.
(2) [not used]
(1) This regulation applies to a person with management or control of an industrial robot or other remotely or automatically energised plant at a workplace.
(2) The person must not direct or allow a worker to work in the immediate vicinity of the plant if it could start without warning and cause a hazard, unless suitable control measures are in place to control the risks to health and safety.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) If the remote or automatic energising of the plant could lead to risks to health and safety, the person must ensure that access to the area in the immediate vicinity of the plant is controlled at all times —
(a) by isolating the area; or
(b) by —
(i) providing interlocked guards; or
(ii) if a risk remains, providing presence‑sensing devices; or
(iii) if a risk then remains, providing permit to work systems.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) Regulation 631E prevails to the extent of any inconsistency with this regulation.
(1) This regulation applies to the person with management or control, at a workplace, of laser equipment that may create a risk to health and safety.
(2) The person must ensure that laser equipment intended for use on plant is designed, constructed and installed so as to prevent accidental irradiation of any person.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The person must ensure that laser equipment on plant is protected so that any operator of the plant or other person is not exposed to direct radiation, radiation produced by reflection or diffusion or secondary radiation.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) The person must ensure that the visual equipment used for the observation or adjustment of laser equipment on plant does not create a risk to health or safety from laser rays.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(5) The person must ensure that the workers operating the laser equipment are trained in the proper operation of the equipment.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(6) The person must ensure that Class 3B and Class 4 lasers (within the meaning of AS 2397:2015 (Safe use of lasers in the building and construction industry)) are not used in construction work.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) The person with management or control of pressure equipment at a workplace must ensure that —
(a) the equipment is inspected on a regular basis by a competent person; and
(b) any gas cylinder that is inspected is marked with a current inspection mark showing the date of the most recent inspection.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) The person with management or control of gas cylinders at a workplace that is a gas cylinder filling station must ensure that —
(a) a gas cylinder is not filled with gas unless it bears a current inspection mark; and
(b) a gas cylinder is only filled with gas for which that cylinder is designed.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1A) In this regulation —
(a) AS/NZS 1576.1:2019 (General requirements);
(b) AS 1576.2:2016 (Couplers and accessories);
(c) AS 1576.3:2015 (Prefabricated and tube‑and‑coupler scaffolding);
(d) AS/NZS 1576.4:2013 (Suspended scaffolding);
(e) AS/NZS 1576.5:1995 (Prefabricated splitheads and trestles);
(f) AS 1576.6:2020 (Scaffolding Metal tube‑and‑coupler scaffolding — Deemed to conform to AS/NZS 1576.1).
(1) This regulation applies in relation to —
(a) a suspended scaffold; and
(b) a cantilevered scaffold; and
(c) a spur scaffold; and
(d) a hung scaffold; and
(e) any other scaffold from which a person or thing could fall more than 4 metres.
(2) The person with management or control of a scaffold at a workplace must ensure that the scaffold is not used unless the person receives written confirmation from a competent person, who has inspected the scaffold, that construction of the scaffold has been completed.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) The person with management or control of a scaffold at a workplace must ensure that the scaffold and its supporting structure are inspected by a competent person —
(a) before use of the scaffold is resumed after an incident occurs that may reasonably be expected to affect the stability of the scaffold; and
(b) before use of the scaffold is resumed after repairs; and
(c) at least every 30 days.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) If an inspection indicates that a scaffold at a workplace or its supporting structure creates a risk to health or safety, the person with management or control of the scaffold must ensure that —
(a) any necessary repairs, alterations and additions are made or carried out; and
(b) the scaffold and its supporting structure are inspected again by a competent person before use of the scaffold is resumed.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(5) The person with management or control of a scaffold at a workplace must ensure that unauthorised access to the scaffold is prevented while the scaffold is incomplete or unattended.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Examples for this subregulation:
Danger tags and other warning signs.
(6) A person who erects or dismantles a scaffold at a workplace must ensure that the erection or dismantling, as the case may be, is done in accordance with the relevant requirements of AS/NZS 1576 Parts 1 to 6.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(7) A person who designs, manufactures, imports or supplies scaffolding equipment for use at a workplace must ensure that it complies with the relevant requirements of AS/NZS 1576 Parts 1 to 6.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(8) In subregulation (7) —
(1) The person with management or control of plant with a presence‑sensing safeguarding system at a workplace must keep a record of safety integrity tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subregulation (2).
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(2) The record must be kept for —
(a) 5 years unless paragraph (b) applies; or
(b) the life of the plant or until the person relinquishes control of the plant if the plant is registered plant or has been altered.
(3) The person must keep the record available for inspection under the Act.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(4) The person must make the record available to any person to whom the person relinquishes control of the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
Notes for this Part:
1. The person with management or control of plant at a workplace is the person conducting a business or undertaking at a workplace to the extent that the business or undertaking involves the management or control of plant in whole or in part at the workplace. See the definition of
person with management or control of plant at a workplace in regulation 5 and section 21 of the Act.2. This Part applies in addition to Part 5.1.
3. In this Part, plant includes a structure (see the definition of
plant in regulation 5).
This Part applies to —
(a) plant that is required to be registered under the
Work Health and Safety (General) Regulations 2022 Part 5.3; or(b) plant the design of which is required to be registered under the
Work Health and Safety (General) Regulations 2022 Part 5.3.
If the design of plant is required to be registered under the
(a) the method used to determine the control measures for the plant and the control measures that result from that determination; and
(b) a copy of the information provided to a manufacturer under section 22 of the Act in relation to that plant; and
(c) a copy of the information provided to a manufacturer under regulation 187 in relation to that plant; and
(d) if applicable, a copy of the information provided to a manufacturer under regulation 188 in relation to that plant.
Penalty:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(1) If the design of plant is required to be registered under the
Work Health and Safety (General) Regulations 2022 Part 5.3, the designer of the plant must record any published technical standard, including any part of a published technical standard, that was used to design the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(2) If the designer of the plant has not used published technical standards to design the plant, the designer must record any engineering principles used to design the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(1) A designer of plant must ensure that the records made under regulations 228 and 229 are kept available for inspection under the Act.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(2) A designer of plant must ensure that the records made under regulations 228 and 229 are made available for inspection by the design verifier of the plant design.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(3) A designer of plant must keep the records made under regulations 228 and 229 for the design life of the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
A manufacturer must not supply plant specified in Schedule 5 Division 1 unless the design of that plant is registered under the
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
An importer must not supply plant specified in Schedule 5 Division 1 unless the design of that plant is registered under the
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
A supplier must not supply plant specified in Schedule 5 Division 1 unless the design of that plant is registered under the
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) This regulation applies to a person who conducts a business or undertaking that commissions plant.
(2) The person must not commission an item of plant that is specified in Schedule 5 Division 2 for use in a workplace unless that item of plant is registered under the
Work Health and Safety (General) Regulations 2022 Part 5.3.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) Nothing in subregulation (2) prevents a person from performing any necessary adjustments, tests or inspections as part of the commissioning process before the plant is commissioned at a workplace.
(1A) In this regulation —
(a) an examination of all critical components of the crane, if necessary by stripping down the crane and removing paint, grease and corrosion to allow a thorough examination of each critical component; and
(b) a check of the effective and safe operation of the crane.
(1B) In this regulation, a
competent person is a person who —(a) complies with both of the following —
(i) has acquired through training, qualification or experience the knowledge and skills to carry out a major inspection of the plant; and
(ii) is eligible for professional engineer membership of Engineers Australia;
or
(b) is determined by the regulator to be a competent person under the
Work Health and Safety (General) Regulations 2022 regulation 235(5) for the purposes of regulation 235(1B)(b) of those regulations.
(1) This regulation applies to the person with management or control of a registered mobile crane or tower crane at a workplace.
(2) The person must ensure that a major inspection of the crane is carried out by, or under the supervision of, a competent person —
(a) at the end of the design life recommended by the manufacturer for the crane; or
(b) if there are no manufacturer’s recommendations — in accordance with the recommendations of a competent person; or
(c) if it is not reasonably practicable to comply with paragraph (a) or (b) — every 10 years from the date that the crane was first commissioned or first registered, whichever occurred first.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(3) A major inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be a major inspection for the purposes of this regulation.
(4) [not used] (5) [not used] (6) [not used] (7) [not used]
(1) The person with management or control of a lift at a workplace (including a person with management or control of maintenance of a lift) must ensure that —
(a) if there is a risk of a person falling down a lift well —
(i) secure barriers are provided to prevent access to openings into the lift well by someone other than a person who is performing work in the lift well; and
(ii) secure working platforms or equivalent arrangements are provided for a person who is working in the lift well to prevent a fall from height;
and
(b) if there is a risk to a person working in a lift well from objects falling onto that person — a secure barrier is provided to prevent, so far as is reasonably practicable, falling objects from striking the person or otherwise causing a risk.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) The person must ensure that there is a safe means of entry to and exit from the base of the lift well.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(3) The person must ensure that there is fixed, in a prominent place in the lift, a sign that states the safe working load specified in the design of the lift.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1) This regulation applies in relation to plant that is required to be registered under the
Work Health and Safety (General) Regulations 2022 Part 5.3.(2) The person with management or control of the plant at a workplace must keep a record of all tests, inspections, maintenance, commissioning, decommissioning, dismantling and alterations of the plant for the period set out in subregulation (3).
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(3) The record must be kept for the period that the plant is used or until the person relinquishes control of the plant.
(4) The person must keep the record available for inspection under the Act.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(5) The person must make the record available to any person to whom the person relinquishes control of the plant.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
Note for this Part:
In this Part, plant includes a structure (see the definition of
The design of an item of plant specified in Schedule 5 Division 1 must be registered under the
Note for this regulation:
See section 42 of the Act.
(1A) In this regulation a design is
altered if the altered design may affect health or safety.(1) If the design of an item of plant specified in Schedule 5 Division 1 that is registered under the
Work Health and Safety (General) Regulations 2022 Part 5.3 is altered, the altered design must be registered under that Part.
Note for this subregulation:
See section 42 of the Act.
(2) [not used] (3) This regulation does not apply in relation to a gantry crane if —
(a) the crane is relocated for use in a different workplace; and
(b) the design of the supporting structure or foundations of the crane is altered in accordance with a site‑specific design prepared for the purpose of the safe operation of the crane at the new location; and
(c) the design of the crane is not altered in any other way.
245. Recognition of designs registered by corresponding regulator (1) A design of an item of plant is not required to be registered under the
Work Health and Safety (General) Regulations 2022 Part 5.3 if the design is registered under a corresponding WHS law.(2) A design referred to in subregulation (1) that is altered is not required to be registered under the
Work Health and Safety (General) Regulations 2022 Part 5.3 if the altered design is registered by the corresponding regulator that registered the original design.
(1) An item of plant specified in Schedule 5 Division 2 must be registered under the
Work Health and Safety (General) Regulations 2022 Part 5.3.
Note for this subregulation:
See section 42 of the Act.
(2) The purpose of registering an item of plant is to ensure that it is inspected by a competent person and is safe to operate.
An item of plant is not required to be registered under the
This Division applies to the registration of a design of an item of plant specified in Schedule 5 Division 1.
(1) A person conducting a business or undertaking that designs an item of plant may apply to the regulator under the
Work Health and Safety (General) Regulations 2022 regulation 250 for the registration of the design of that item of plant.(2) A person with management or control of an item of plant may apply to the regulator under the
Work Health and Safety (General) Regulations 2022 regulation 250 for the registration of the design of that item of plant.
(1) A registration holder must keep the registration document issued under the
Work Health and Safety (General) Regulations 2022 regulation 261 available for inspection under the Act.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(2) Subregulation (1) does not apply if the registration document is not in the registration holder’s possession because —
(a) it has been returned to the regulator under the
Work Health and Safety (General) Regulations 2022 regulation 287; or(b) the registration holder has applied for, but has not received, a replacement registration document under the
Work Health and Safety (General) Regulations 2022 regulation 288.
263. Not used
This Division applies in relation to the registration of an item of plant specified in Schedule 5 Division 2 as requiring registration.
(1) The holder of the registration of an item of plant must keep the registration document issued under the
Work Health and Safety (General) Regulations 2022 regulation 274 available for inspection under the Act.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(2) Subregulation (1) does not apply if the registration document is not in the registration holder’s possession because —
(a) it has been returned to the regulator under the
Work Health and Safety (General) Regulations 2022 regulation 287; or(b) the registration holder has applied for, but has not received, a replacement registration document under the
Work Health and Safety (General) Regulations 2022 regulation 288.
276. Not used
(1) In this Chapter —
(2) Without limiting subregulation (1),
construction work includes the following —(a) any installation or testing carried out in connection with an activity referred to in subregulation (1);
(b) the removal from the workplace of any product or waste resulting from demolition;
(c) the prefabrication or testing of elements, at a place specifically established for the construction work, for use in construction work;
(d) the assembly of prefabricated elements to form a structure, or the disassembly of prefabricated elements forming part of a structure;
(e) the installation, testing or maintenance of an essential service in relation to a structure;
(f) any work connected with an excavation;
(g) any work connected with any preparatory work or site preparation (including landscaping as part of site preparation) carried out in connection with an activity referred to in subregulation (1);
(h) an activity referred to in subregulation (1), that is carried out on, under or near water, including work on buoys and obstructions to navigation.
(3) In this Chapter,
construction work does not include any of the following —(a) the manufacture of plant;
(b) the prefabrication of elements, other than at a place specifically established for the construction work, for use in construction work;
(c) the construction or assembly of a structure that once constructed or assembled is intended to be transported to another place;
(d) testing, maintenance or repair work of a minor nature carried out in connection with a structure;
(e) the construction of geotechnical structures at a mine.
290. Meaning of structure (1) In this Chapter —
Examples for this definition:
1. A roadway or pathway.
2. A ship or submarine.
3. Foundations, earth retention works and other earthworks, including river works and sea defence works.
4. Formwork, falsework or any other structure designed or used to provide support, access or containment during construction work.
5. An airfield.
6. A dock, harbour, channel, bridge, viaduct, lagoon or dam.
7. A sewer or sewerage or drainage works.
(2) This Chapter does not apply to plant unless —
(a) the plant is —
(i) a ship or submarine; or
(ii) a pipe or pipeline; or
(iii) an underground tank; or
(iv) designed or used to provide support, access or containment during work in connection with construction work;
or
(b) work on the plant relates to work that is carried out in connection with construction work; or
(c) the plant is fixed plant on which outage work or overhaul work that involves or may involve work being carried out by 5 or more persons conducting businesses or undertakings at any point in time.
Note for this subregulation:
This Chapter does not apply to the manufacture of plant (see regulation 289(3)(a)).
In this Chapter —
(a) involves a risk of a person falling more than 2 metres; or
(b) is carried out on a telecommunication tower; or
(c) involves demolition of an element of a structure that is load‑bearing or otherwise related to the physical integrity of the structure; or
(d) involves, or is likely to involve, the disturbance of asbestos; or
(e) involves structural alterations or repairs that require temporary support to prevent collapse; or
(f) is carried out in or near a confined space; or
(g) is carried out in or near —
(i) a shaft or trench with an excavated depth greater than 1.5 metres; or
(ii) a tunnel;
or
(h) involves the use of explosives; or
(i) is carried out on or near pressurised gas distribution mains or piping; or
(j) is carried out on or near chemical, fuel or refrigerant lines; or
(k) is carried out on or near energised electrical installations or services; or
(l) is carried out in an area that may have a contaminated or flammable atmosphere; or
(m) involves tilt‑up or precast concrete; or
(n) is carried out on, in or adjacent to a road, railway, shipping lane or other traffic corridor that is in use by traffic other than pedestrians; or
(o) is carried out in an area at a workplace in which there is any movement of powered mobile plant; or
(p) is carried out in an area in which there are artificial extremes of temperature; or
(q) is carried out in or near water or other liquid that involves a risk of drowning; or
(r) involves diving work.
In this Chapter, a
(1) In this Chapter, a person conducting a business or undertaking that commissions a construction project is, subject to this regulation, the
principal contractor for the project.(2) If the person referred to in subregulation (1) engages another person conducting a business or undertaking as principal contractor for the construction project and authorises the person to have management or control of the workplace and to discharge the duties of a principal contractor under this Chapter, the person so engaged is the principal contractor for the project.
(3) If the owner of residential premises is an individual who directly or indirectly engages a person conducting a business or undertaking to undertake a construction project in relation to the premises, the person so engaged is the principal contractor for the project if the person has management or control of the workplace.
(4) A construction project has only 1 principal contractor at any specific time.
Note for this regulation:
A person with management or control of a workplace must comply with section 20 of the Act.
(1) A person conducting a business or undertaking that commissions construction work in relation to a structure must, so far as is reasonably practicable, consult with the designer of the whole or any part of the structure about how to ensure that risks to health and safety arising from the design during the construction work are —
(a) eliminated, so far as is reasonably practicable; or
(b) if it is not reasonably practicable to eliminate the risks, minimised so far as is reasonably practicable.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) Consultation must include giving the designer any information that the person who commissions the construction work has in relation to the hazards and risks at the workplace where the construction work is to be carried out.
(1) The designer of a structure or any part of a structure that is to be constructed must give the person conducting a business or undertaking who commissioned the design a written report that specifies the hazards relating to the design of the structure that, so far as the designer is reasonably aware —
(a) create a risk to the health or safety of persons who are to carry out any construction work on the structure or part; and
(b) are associated only with the particular design and not with other designs of the same type of structure.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) If the person conducting a business or undertaking who commissions a construction project did not commission the design of the construction project, the person must take all reasonable steps to obtain a copy of the written report referred to in subregulation (1) in relation to that design.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
If a person conducting a business or undertaking that commissions a construction project engages a principal contractor for the project, the person must give the principal contractor any information the person has in relation to hazards and risks at or in the vicinity of the workplace where the construction work is to be carried out.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
Note for this Part:
As a principal contractor is a person conducting a business or undertaking, this Part also applies to a principal contractor.
A person conducting a business or undertaking must manage risks associated with the carrying out of construction work in accordance with Part 3.1.
Note for this regulation:
WHS Act — section 19 (see regulation 9).
(1) A person with management or control of a workplace at which construction work is carried out must ensure, so far as is reasonably practicable, that the workplace is secured from unauthorised access.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) In complying with subregulation (1), the person must have regard to all relevant matters, including —
(a) risks to health and safety arising from unauthorised access to the workplace; and
(b) the likelihood of unauthorised access occurring; and
Example for this paragraph:
The proximity of the workplace to places frequented by children, including schools, parks and shopping precincts.
(c) to the extent that unauthorised access to the workplace cannot be prevented — how to isolate hazards within the workplace.
(1) A person conducting a business or undertaking that includes the carrying out of high risk construction work must, before high risk construction work commences, ensure that a safe work method statement for the proposed work —
(a) is prepared; or
(b) has already been prepared by another person.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) A safe work method statement must —
(a) identify the work that is high risk construction work; and
(b) specify hazards relating to the high risk construction work and risks to health and safety associated with those hazards; and
(c) describe the measures to be implemented to control the risks; and
(d) describe how the control measures are to be implemented, monitored and reviewed.
(3) A safe work method statement must —
(a) be prepared taking into account all relevant matters, including —
(i) circumstances at the workplace that may affect the way in which the high risk construction work is carried out; and
(ii) if the high risk construction work is carried out in connection with a construction project — the WHS management plan that has been prepared for the workplace;
and
(b) be set out and expressed in a way that is readily accessible and understandable to persons who use it.
300. Compliance with safe work method statement (1) A person conducting a business or undertaking that includes the carrying out of high risk construction work must put in place arrangements for ensuring that high risk construction work is carried out in accordance with the safe work method statement for the work.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) If high risk construction work is not carried out in accordance with the safe work method statement for the work, the person must ensure that the work —
(a) is stopped immediately or as soon as it is safe to do so; and
(b) resumed only in accordance with the statement.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
A person conducting a business or undertaking that includes carrying out high risk construction work in connection with a construction project must, before the high risk construction work commences, ensure that a copy of the safe work method statement for the work is given to the principal contractor.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
A person conducting a business or undertaking must ensure that a safe work method statement is reviewed and as necessary revised if relevant control measures are revised under regulation 38.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1) Subject to subregulation (2), a person conducting a business or undertaking must keep a copy of the safe work method statement until the high risk construction work to which it relates is completed.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(2) If a notifiable incident occurs in connection with the high risk construction work to which the statement relates, the person must keep the statement for at least 2 years after the incident occurs.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(3) The person must ensure that for the period for which the statement must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out the high risk construction work.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(4) The person must ensure that for the period for which the statement must be kept under this regulation, a copy is available for inspection under the Act.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(1A) In this regulation —
(a) the essential services that may be affected;
(b) the location, including the depth, of any pipes, cables or other plant associated with the affected essential services;
(c) any conditions on the proposed excavation work.
(1) This regulation applies in relation to a part of a workplace where excavation work is being carried out and any adjacent areas.
(2) A person with management or control of the workplace must take all reasonable steps to obtain current underground essential services information about the areas referred to in subregulation (1) before directing or allowing the excavation work to commence.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(3) The person with management or control of the workplace must provide the information obtained under subregulation (2) to any person engaged by the person to carry out the excavation work.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(4) The person with management or control of the workplace and any person conducting a business or undertaking who is given information under subregulation (3) must have regard to the information referred to in subregulation (2) in carrying out or directing or allowing the carrying out of the excavation work.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
Note for this subregulation:
Legislation relating to the essential services may also impose duties on the person conducting the business or undertaking and the persons carrying out the work.
(5) The person with control or management of the workplace must ensure that the information referred to in subregulation (2) is available for inspection under the Act for the period specified in subregulation (6).
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(6) The information must be available —
(a) if a notifiable incident occurs in connection with the excavation work to which the information relates — for at least 2 years after the incident occurs; and
(b) in every other case — until the excavation work is completed.
(7) [not used]
(1) A person conducting a business or undertaking must manage risks to health and safety associated with excavation work, in accordance with Part 3.1.
Note for this subregulation:
WHS Act — section 19 (see regulation 9).
(1A) In addition, a person conducting a business or undertaking or a principal contractor at, or a person with management or control of, a workplace where excavation work is to be carried out must ensure that suitable signs that warn of risks to health and safety associated with the excavation work are erected at the place where the excavation work is to be carried out.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) The risks this regulation applies to include the following —
(a) a person falling into an excavation;
(b) a person being trapped by the collapse of an excavation;
(c) a person working in an excavation being struck by a falling thing;
(d) a person working in an excavation being exposed to an airborne contaminant.
(3) In complying with subregulation (1) or (1A), the person must have regard to all relevant matters, including the following —
(a) the nature of the excavation;
(b) the nature of the excavation work, including the range of possible methods of carrying out the work;
(c) the means of entry into and exit from the excavation, if applicable.
306. Additional controls: trenches (1) A person conducting a business or undertaking, who proposes to excavate a trench at least 1.5 metres deep must ensure, so far as is reasonably practicable, that the work area is secured from unauthorised access (including inadvertent entry).
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) In complying with subregulation (1), the person must have regard to all relevant matters, including —
(a) risks to health and safety arising from unauthorised access to the work area; and
(b) the likelihood of unauthorised access occurring.
(3) In addition, the person must minimise the risk to any person arising from the collapse of the trench by ensuring that all sides of the trench are adequately supported by doing 1 or more of the following —
(a) shoring by shielding or other comparable means;
(b) benching;
(c) battering.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) Subregulation (3) does not apply if the person receives written advice from a geotechnical engineer that all sides of the trench are safe from collapse.
(5) An advice under subregulation (4) —
(a) may be subject to a condition that specified natural occurrences may create a risk of collapse; and
(b) must state the period of time to which the advice applies.
Division 4 – Tilt‑up concrete and precast concrete elements
(1) In this Division —
(a) means a concrete panel that is manufactured as a separate and movable panel for the purpose of being incorporated as a wall (including a retaining wall) once the process by which the panel is manufactured is complete; but
(b) does not include a column, beam or paving slab or a panel that is for decorative purposes only;
(a) the manufacture, transport, cranage, temporary storage, erection or temporary bracing of a concrete panel;
(b) the fixing of a concrete panel for the incorporation of the panel as a wall (including a retaining wall);
(c) the removal of temporary bracing of a concrete panel.
(2) For the purposes of this Division, a reference in AS 3850 to a tilt‑up panel is to be treated as a reference to a concrete panel as defined in subregulation (1).
(1) A person who, at a workplace (other than a construction site) where a concrete panel is proposed to be manufactured, is a person conducting a business or undertaking must ensure that the regulator is notified of the proposed work at least 10 working days before the panel is proposed to be cast.
(2) A person who, at a construction site where a concrete panel is proposed to be manufactured, is the principal contractor must ensure that the regulator is notified of the proposed work at least 10 working days before the panel is proposed to be cast.
(3) A notice under subregulation (1) or (2) must be made in the approved form and in the manner approved by the regulator and must specify —
(a) the construction site or other workplace at which the proposed manufacturing work is to take place; and
(b) the construction site at which the panel is to be incorporated as a wall (including a retaining wall) once the process by which the panel is manufactured is complete.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(4) A person referred to in subregulation (1) (other than the regulator) must ensure that a copy of the notice is given to the principal contractor at the construction site referred to in subregulation (3)(b) within the period referred to in subregulation (1).
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(1) A person who, at a workplace (other than a construction site) where a concrete panel is proposed to be manufactured, is a person conducting a business or undertaking must ensure that —
(a) the design and shop drawings of the panel are in accordance with AS 3850 section 3; and
(b) the materials, components and equipment used in the manufacture of the panel are in accordance, or used in accordance, with AS 3850 section 2; and
(c) the manufacture of the panel is in accordance with AS 3850 section 4; and
(d) a competent person who is not involved in the original form set‑up conducts an inspection referred to in AS 3850 section 4.10 and provides a written report setting out the inspection results.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) A person who, at a construction site where a concrete panel is proposed to be manufactured, is the principal contractor must ensure that —
(a) the design and shop drawings of the panel are in accordance with AS 3850 section 3; and
(b) the materials, components and equipment used in the manufacture of the panel are in accordance, or used in accordance, with AS 3850 section 2; and
(c) the manufacture of the panel is in accordance with AS 3850 section 4; and
(d) a competent person who is not involved in the original form set‑up conducts an inspection referred to in AS 3850 section 4.10 and provides a written report setting out the inspection results.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(1) A person who, at a construction site, is the principal contractor or a person conducting a business or undertaking must ensure that —
(a) the transport of a concrete panel at or adjacent to the construction site is in accordance with AS 3850 section 5; and
(b) the cranage, temporary storage and erection of a concrete panel at the construction site is in accordance with AS 3850 section 5.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) For the purposes of subregulation (1), a reference in AS 3850 —
(a) section 5.1 to a delivery vehicle is to be treated as a reference to a vehicle that transports a concrete panel at or adjacent to the construction site; and
(b) section 5.1.3 to the specification of particular requirements for the unloading of panels is to be treated as a reference to the specification of such matters by a qualified practising engineer; and
(c) section 5.2 to a designated area is to be treated as a reference to an area that is —
(i) well‑drained and consolidated; and
(ii) located where there is little chance of damage to the panels to be stored; and
(iii) adequate to support the weight of the panels to be stored and any necessary stacking frames; and
(iv) unlikely to settle unevenly;
and
(d) section 5.4.3 to a suitably qualified person is to be treated as a reference to a qualified practising engineer.
306E. Concrete panel at construction site to be temporarily braced in accordance with standard (1) A person who, at a construction site, is the principal contractor or a person conducting a business or undertaking must ensure that —
(a) the design of temporary bracing for a concrete panel at the construction site is in accordance with AS 3850 section 6; and
(b) the temporary bracing of a concrete panel at the construction site is in accordance with AS 3850 section 6.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) For the purposes of subregulation (1), a reference in AS 3850 section 6.2 to written approval for a variation is to be treated as a reference to the written approval of a qualified practising engineer.
A person who, at a construction site, is the principal contractor or a person conducting a business or undertaking must ensure that —
(a) the fixing of a concrete panel for the incorporation of the panel as a wall (including a retaining wall) at the construction site is in accordance with AS 3850 section 7; and
(b) the removal of temporary bracing of a concrete panel at the construction site is in accordance with AS 3850 section 7.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
A person must not do any kind of tilt‑up work in relation to a concrete panel (other than work relating to the manufacture of a concrete panel at a stage before the panel is cast) at a construction site unless the regulator has been notified of the intention to manufacture the panel under regulation 306B(1) or (2), as is relevant to the case.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
The principal contractor at a construction site must ensure that at all times when tilt‑up work is being done at the site there is kept at the site —
(a) if a concrete panel that is, or is to be, involved in the work was manufactured at a place other than the construction site, the copy of the notification to the regulator given under regulation 306B(4) to the principal contractor in respect of the panel; and
(b) if a concrete panel that is, or is to be, involved in the work was manufactured at the construction site, a copy of the notification under regulation 306B(2) given to the regulator in respect of the panel; and
(c) a copy of any exemption under Part 11.2 relating to the work; and
(d) a copy of the shop drawings of each concrete panel that is, or is to be, involved in the work; and
(e) a current plan setting out details of the proposed execution of the work; and
(f) a copy of any written or diagrammatic advice, from a qualified practising engineer, received by the principal contractor, that sets out the manner in which an aspect of the work should be executed; and
(g) in relation to each concrete panel that is, or is to be, involved in the work, a copy of the inspection report for that panel referred to in regulation 306C(1)(d) or (2)(d), as is relevant to the case.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
A person who, at a construction site where tilt‑up work is being done, is the principal contractor, a person conducting a business or undertaking or a person with management or control of the workplace (a
(a) a person doing the work; or
(b) a person who has the written authority of a responsible person to enter the area for a purpose connected with the work; or
(c) a person authorised under a written law to enter the area.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
A person who, at a workplace where a concrete panel is proposed to be manufactured, is a person with management or control of the workplace must ensure that —
(a) the manufacture is directly supervised by a person who is a competent person concerning the manufacture of concrete panels; and
(b) each person involved in the manufacture has completed —
(i) any specified VET course concerning the aspect of the work in which the person is involved; or
(ii) a course that was, immediately before the commencement of this regulation, approved by the Commissioner under the
Occupational Safety and Health Regulations 1996 regulation 3.88I(1)(b).
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
A person who, at a construction site where tilt‑up work (other than work relating to the manufacture of a concrete panel) is proposed to be done, is a person with management or control of the workplace must ensure that —
(a) the work is directly supervised by a person who is a competent person concerning the tilt‑up work; and
(b) each person involved in the tilt‑up work has completed —
(i) a specified VET course concerning the aspect of the work in which the person is involved; or
(ii) a course that was, immediately before the commencement of this regulation, approved by the Commissioner under the
Occupational Safety and Health Regulations 1996 regulation 3.88I(1)(b).
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
This Part —
(a) applies in relation to a construction project; and
(b) imposes duties on the principal contractor for the project that are additional to the duties imposed under Part 6.3.
Note for this regulation:
As a principal contractor has management or control of a workplace, the principal contractor is also subject to duties imposed by the Act and these regulations on a person with management or control of a workplace.
(1) The principal contractor for a construction project must prepare a written WHS management plan for the workplace before work on the project commences.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) A WHS management plan must include the following —
(a) the names, positions and health and safety responsibilities of all persons at the workplace whose positions or roles involve specific health and safety responsibilities in connection with the project;
(b) the arrangements in place, between any persons conducting a business or undertaking at the workplace where the construction project is being undertaken, for consultation, cooperation and the coordination of activities in relation to compliance with their duties under the Act and these regulations;
(c) the arrangements in place for managing any work health and safety incidents that occur;
(d) any site‑specific health and safety rules, and the arrangements for ensuring that all persons at the workplace are informed of these rules;
(e) the arrangements for the collection and any assessment, monitoring and review of safe work method statements at the workplace.
(3) However, if a principal contractor prepares a contractor’s health and safety management plan under regulation 625D(1)(a) that deals with a matter referred to in subregulation (2), the contractor’s WHS management plan is not required to include that matter.
The principal contractor for a construction project must ensure, so far as is reasonably practicable, that each person who is to carry out construction work in connection with the project is, before commencing work, made aware of —
(a) the content of the WHS management plan for the workplace; and
(b) the person’s right to inspect the WHS management plan under regulation 313.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1) The principal contractor for a construction project must review and as necessary revise the WHS management plan to ensure that it remains up to date.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) The principal contractor for a construction project must ensure, so far as is reasonably practicable, that each person carrying out construction work in connection with the project is made aware of any revision to the WHS management plan.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
The principal contractor for a construction project must take all reasonable steps to obtain a copy of the safe work method statement relating to high risk construction work before the high risk construction work commences.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
Note for this regulation:
The WHS management plan contains arrangements for cooperation between persons conducting a business or undertaking at the construction project workplace, including in relation to the preparation of safe work method statements (see regulation 309(2)(b) and (e)).
(1A) In this regulation —
(1) Subject to subregulation (2), the principal contractor for a construction project must ensure that a copy of the WHS management plan for the project is kept until the project to which it relates is completed.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(2) If a notifiable incident occurs in connection with the construction project to which the statement relates, the person must keep the WHS management plan for at least 2 years after the incident occurs.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(3) The person must ensure that, for the period for which the WHS management plan must be kept under this regulation, a copy is readily accessible to any person who is to carry out construction work in connection with the construction project.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(4) The person must ensure that for the period for which the WHS management plan must be kept under this regulation, a copy is available for inspection under the Act.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(5) [not used]
The principal contractor for a construction project must put in place arrangements for ensuring compliance at the workplace with the following —
(a) Part 3.2 Division 2;
(b) Part 3.2 Division 3;
(c) Part 3.2 Division 4;
(d) Part 3.2 Division 5;
(e) Part 3.2 Division 7;
(f) Part 3.2 Division 8;
(g) Part 3.2 Division 9;
(h) Part 3.2 Division 10;
(i) Part 4.4;
(j) Part 6.3 Division 4.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Note for this regulation:
All persons conducting a business or undertaking at the construction project workplace have these same duties (see Part 3.2 of these regulations and section 19 of the Act). Section 16 of the Act provides for situations in which more than 1 person has the same duty.
The principal contractor for a construction project must in accordance with Part 3.1 manage risks to health and safety associated with the following —
(a) the storage, movement and disposal of construction materials and waste at the workplace;
(b) the storage at the workplace of plant that is not in use;
(c) traffic in the vicinity of the workplace that may be affected by construction work carried out in connection with the construction project;
(d) essential services at the workplace.
Note for this regulation:
WHS Act — section 19 (see regulation 9).
(1) Each local government must notify the regulator within the first week of each month of all permits issued by the local government within the previous month in relation to the commencement of construction work in the local government’s district.
Penalty for this subregulation: a fine of $21 000.
(2) The notification must be made in the approved form and in the manner approved by the regulator.
A person conducting a business or undertaking must ensure that general construction induction training is provided to a worker engaged by the person who is to carry out construction work, if the worker —
(a) has not successfully completed general construction induction training; or
(b) successfully completed general construction induction training more than 2 years previously and has not carried out construction work in the preceding 2 years.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1) A person conducting a business or undertaking must not direct or allow a worker to carry out construction work unless —
(a) the worker has successfully completed general construction induction training; and
(b) if the worker completed the training more than 2 years previously — the worker has carried out construction work in the preceding 2 years.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) The person conducting the business or undertaking must ensure that —
(a) the worker holds a general construction induction training card; or
(b) if the worker has applied for but not yet been issued with a general construction induction training card, the worker holds a general construction induction training certification, issued within the preceding 60 days.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1) In this Part (other than Division 2), a reference to a
general construction induction training card includes a reference to a similar card issued under a corresponding WHS law.(2) Subregulation (1) does not apply to a card that is cancelled in the corresponding jurisdiction.
(1A) In this regulation —
(1) A worker carrying out construction work must keep available for inspection under the Act —
(a) the worker’s general construction induction training card; or
(b) within 60 days of it being issued by the authorised RTO — the general construction induction training certification.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(2) A card holder, on receiving a cancellation notice under the
Work Health and Safety (General) Regulations 2022 regulation 324(2), must return the card in accordance with the notice.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(3) Subregulation (1)(a) does not apply if the card is not in the possession of the worker (
card holder ) because —(a) it has been lost, stolen or destroyed; and
(b) the card holder has applied for, but has not received, a replacement card under the
Work Health and Safety (General) Regulations 2022 regulation 325.
327. Alteration of general construction induction training card
A person who holds a general construction induction training card must not intentionally or recklessly alter the card.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
Note for this Part:
Most of the obligations in this Part apply to persons conducting businesses or undertakings at a workplace. However, some obligations apply to persons in different capacities, for example importers and suppliers of hazardous chemicals.
(1) This Part applies to —
(a) the use, handling and storage of hazardous chemicals at a workplace and the generation of hazardous substances at a workplace; and
(b) a pipeline used to convey a hazardous chemical.
(2) [not used] (3) This Part does not apply to hazardous chemicals and explosives being transported by road, rail, sea or air if the transport is regulated under another written law.
(4) This Part does not apply to the following hazardous chemicals in the circumstances described —
(a) hazardous chemicals in batteries when incorporated in plant;
(b) fuel, oils or coolants in a container fitted to a vehicle, vessel, aircraft, mobile plant, appliance or other device, if the fuel, oil or coolant is intended for use in the operation of the device;
(c) fuel in the fuel container of a domestic or portable fuel burning appliance, if the quantity of fuel does not exceed 25 kilograms or 25 litres;
(d) hazardous chemicals in portable firefighting or medical equipment for use in a workplace;
(e) hazardous chemicals that form part of the integrated refrigeration system of refrigerated freight containers;
(f) potable liquids that are consumer products at retail premises.
(5) This Part, other than the following regulations and Schedule 7, does not apply to substances, mixtures or articles categorised only as explosives under the GHS —
(a) regulation 329;
(b) regulation 330;
(c) regulation 339;
(d) regulation 344;
(e) regulation 345.
Note for this subregulation:
The
(6) This Part does not apply to the following —
(a) food and beverages within the meaning of the Food Standards Australia New Zealand Food Standards Code that are in a package and form intended for human consumption;
(b) tobacco or products made of tobacco;
(c) therapeutic goods within the meaning of the
Therapeutic Goods Act 1989 (Commonwealth) at the point of intentional intake by or administration to humans;
Internal combustion engine (other than a compression ignition engine) | All uses underground |
Polyurethane products used for strata injection, void filling and ventilation sealants that undergo the polymeric process underground | All uses underground |
Compressed natural gas | In an underground mine in an internal or external combustion engine |
Hydrogen | In an underground mine in an internal or external combustion engine |
Liquid petroleum gas | In an underground mine in an internal or external combustion engine |
Petrol | In an underground mine in an internal or external combustion engine |
Ignition sources Examples: Cigarettes, matches, lighters, naked flame, naked light, firearms | All uses in an underground coal mine While carrying, handling or using any explosive or initiating system or within 8 metres of any explosive or initiating system at a mine All uses at a work area at a mine where solvents are used All uses at a work area at a mine where flammable vapours are present All uses in a shaft conveyance at a mine All uses in a refuge at a mine during an emergency |
Explosive power tools | All uses in an underground coal mine |
Explosives, detonators and exploders (excluding explosive power tools) | All uses at a mine, unless for the purpose of shotfiring |
Non‑fire resistant and non‑antistatic (non‑FRAS) products | In an underground coal mine in ventilation plant and conveyor belts and accessories |
[r. 664]
1.1 The location of the mine, including its street address and the nearest intersection (if any). Note for this item: Sufficient detail must be provided to enable a person not familiar with the site to find it. |
1.2 The current mine survey plan required under Part 10.5. |
1.3 A brief description of the nature of the mine and mining operations. |
1.4 The maximum number of persons, including workers, likely to be present at the mine on a normal working day. |
1.5 The emergency planning assumptions for different emergencies, and areas likely to be affected. |
1.6 The protective resources available to control an incident that could result in an emergency. |
1.7 The emergency response procedures, including procedures for isolating areas of the mine in an emergency. |
1.8 The infrastructure likely to be affected by an emergency. |
2.1 The command structure and control to be activated in an emergency, so that it is clear what actions will be taken, who will take these actions and how, when and where they will be taken. |
2.2 Details of the person who can clarify the content of the emergency plan if necessary. |
2.3 The contact details of, and the means of contacting, the persons at the mine responsible for liaising with emergency services. |
2.4 A list of 24‑hour emergency contacts. |
2.5 Arrangements for assisting emergency services. |
3.1 If a notifiable incident or reportable incident occurred, or an event that could reasonably be expected to lead to a notifiable or reportable incident, procedures for notifying — (a) any person whose health or safety may be affected, even if —
and (b) the emergency services in circumstances in which emergency services are required. |
3.2 On‑site and off‑site warning systems. |
3.3 Contact details for emergency services and other support services that can assist in providing resources and implementing evacuation plans in an emergency. |
3.4 On‑site communication systems. |
4.1 On‑site emergency resources, including — (a) first aid equipment, facilities, services and personnel; and (b) emergency equipment and personnel; and (c) gas detectors, wind velocity detectors, sand, lime, neutralising agents, absorbents, spill bins and decontamination equipment. |
4.2 Off‑site emergency resources, including arrangements for obtaining additional external resources (specific to the likely incidents), including mines rescue services, as necessary. |
4.3 Arrangements for mines rescue that state the following — (a) the minimum mines rescue training to be provided; (b) any arrangements for the mine operator and mine operators of mines in the vicinity to assist each other in an emergency; (c) how inertisation equipment is to be used; (d) the procedures to be followed in carrying out mines rescue. |
4.4 For an underground mine, a means of communication between the surface of the mine and any underground area of the mine where persons are located, that is effective even if there is no electrical connection between the surface and the relevant underground area. |
4.5 For an underground mine — (a) the type, number and location of refuges; and (b) if the workplace has a single entry — the precautions and refuge, in case of a fire, for the workplace. |
5.1 Procedures for the safe evacuation of, and accounting for, all persons at the mine. |
5.2 Procedures and control points for utilities, including gas, water and electricity. |
5.3 Procedures in the event of the ventilation system for the mine failing totally or for more than 30 minutes. |
5.4 Procedures for maintaining refuges and other equipment required for emergencies. |
6.1 Training, health assessment and competency of emergency response personnel, including volunteers and others, in managing emergencies. |
6.2 Training, and conducting emergency drills, for all workers. |
[r. 675UK]
1. | Commencing sinking, widening or deepening of a mine shaft using entry methods at an underground mine | 45 days | Information required in the approved form Method of working Details of plant to be used Risk assessment and control measures |
2. | Installing a winding system or making major changes to an already installed winding system at an underground mine | 45 days | Information required in the approved form Relevant parts of the principal mining hazard management plan for the mine Details and, if necessary, drawings and certifications, of the winder, conveyance, ropes and other attachments |
3. | Commissioning a winding system at an underground mine | 15 days | Information required in the approved form Relevant parts of the principal mining hazard management plan for the mine |
4. | Rising using entry methods at an underground mine | 15 days | Information required in the approved form Method of working Risk assessment and control measures Specifications of the finished rise |
5. | Single entry development beyond 200 metres from through ventilation at an underground mine | 15 days | Information required in the approved form Method of working and ventilation Risk assessment and controls Emergency evacuation procedure |
6. | Construction of an underground explosive magazine at an underground mine | 30 days | Location, design and capacity Ventilation Risk assessment and control measures |
7. | Construction of a dam or plug to store water or slurry at an underground mine | 30 days | Information required in the approved form Design calculations Construction method and maintenance Risk assessment and control measures |
8. | Construction of a fuel storage or refuelling facility at an underground mine | 30 days | Information required in the approved form Location, design and capacity Ventilation Risk assessment and control measures |
9. | Approaching known or suspected water bodies or water‑logged workings at an underground mine, including probe drilling — within 50 m | 30 days | Information required in the approved form Assessment of the water body Development plan for workings Risk assessment and controls Relevant parts of the principal mining hazard management plan for the mine |
10. | Use of a dredge at a surface mine | 45 days | Information required in the approved form Design and construction details of the dredge Operating details and parameters Loads, stability and buoyancy calculations Review by an independent qualified naval architect Results of buoyancy and stability tests Risk assessment and control measures |
11. | Construction of, or making substantial change to, a tailing storage facility at a surface mine | 45 days | Information required in the approved form Design details and calculations Construction method Risk assessment and control measures |
12. | Use of explosives at a mine that is — (a) in reactive ground; or (b) in hot (>57°C) ground | 15 days | Information required in the approved form Selection of explosive and documents in support of its suitability Risk assessment and control measures |
13. | Introducing or making substantial change to externally‑controlled plant at a mine that is — (a) mobile plant; or (b) production drilling plant | 45 days | Information required in the approved form Design and safety features details Operating environment and limitations Risk assessment and controls Details of planned operations |
14. | Installing high voltage equipment at a mine | 30 days | Design and construction details of the installation Risk assessment and control measures |
[r. 675V]
1.1 The name of the mine operator of the mine. 1.2 The location of the mine. |
2.1 The following details of a person who has suffered an illness or injury in a reportable incident —
|
3.1 The following details about the reportable incident —
|
4.1 Whether the reportable incident results in —
|
4.2 Whether the reportable incident is likely to, or could, result in —
|
[r. 675W]
In this Schedule —
The name of the mine operator of the mine.
The location of the mine.
A description of the primary commodity processed at the mine during the quarter to which the report relates.
The average number of workers who worked at the mine during the quarter to which the report relates.
The total number of hours (including additional shifts and overtime) worked at the mine during the quarter to which the report relates.
The total number of relevant incidents occurring during the quarter to which the report relates.
The total number of relevant incidents that resulted in the inability of a worker to work for 1 day or more (not including the incident day) during the quarter to which the report relates.
The total number of days (not including the incident day) lost from work by workers during the quarter to which the report relates as a result of relevant incidents.
The total number of days on which workers carried out restricted duties during the quarter to which the report relates as a result of relevant incidents.
The total number of workers placed on restricted duties during the quarter to which the report relates as a result of relevant incidents.
The total number of injuries and illnesses of workers arising from relevant incidents that required medical treatment during the quarter to which the report relates but did not result in the inability of a worker to work for 1 day or more (not including the incident day).
The total number of deaths that occurred during the quarter to which the report relates as a result of relevant incidents.
The information set out in Schedule 24 in relation to each relevant incident, if that information has not already been provided to the regulator.
[r. 675ZP]
(1) A radiation safety officer must be appointed for a mine to which Part 10.2 Division 3 Subdivision 3B applies.
(2) Radiation safety officers have the following functions —
(a) advising the site senior executive or exploration manager of precautions to be taken to control the radiation doses persons receive at the mine;
(b) monitoring the sources of radiation exposure;
(c) assessing doses of radiation received by persons because of mining operations carried out at the mine.
(3) A person is eligible to be appointed as a radiation safety officer if the person —
(a) has an undergraduate degree in science, technology, engineering or mathematics; and
(b) meets the eligibility requirements for a mine air quality officer under clause 4(3); and
(c) successfully completes a course about radiation protection from naturally‑occurring radioactive material that is approved by the regulator under regulation 675ZZK(1)(a); and
(d) works for at least 12 months under the supervision of a radiation safety officer; and
(e) successfully completes an approved WHS risk management unit for radiation safety officers; and
(f) passes an applicable legislation examination for radiation safety officers.
(1) A noise officer must be appointed for a mine if a person at the mine is likely to be exposed to noise at the mine that exceeds the exposure standard for noise.
(2) Noise officers for a mine have the following functions —
(a) carrying out noise surveys at the mine to —
(i) identify plant and activities that exceed the exposure standard for noise; or
(ii) confirm the effectiveness of noise controls;
(b) preparing reports to the site senior executive or exploration manager containing details of noise reports and plans to reduce the exposure of persons at the mine to noise;
(c) advising the mine operator, site senior executive or exploration manager about —
(i) plant and activities that exceed the exposure standard for noise; and
(ii) processes and controls to reduce the noise emitted by the plant and activities;
(d) monitoring the noise persons at the mine are exposed to.
(3) A person is eligible to be appointed as a noise officer if the person —
(a) successfully completes a course about measuring noise and managing noise that is approved by the regulator under regulation 675ZZK(1)(b); and
(b) successfully completes an approved WHS risk management unit for noise officers; and
(c) passes an applicable legislation examination for noise officers.
(1) Statutory supervisors must be appointed for each of the following places at a mine in respect of which a levy is payable under the
Mines Safety and Inspection Act 1994 —(a) a laboratory;
(b) a processing plant;
(c) a quarry;
(d) a workshop;
(e) each place where the mine operator for the mine considers it is necessary to have a statutory supervisor to reduce the risks to health and safety associated with mining operations carried out at the mine.
Note for this subclause:
Under regulation 675ZJ(c) if a statutory supervisor is not required to be appointed under this subclause the site senior executive has the functions of a statutory supervisor for the places at a mine at which a supervisor must be appointed.
(2) In making a decision under subclause (1)(e) about whether it is necessary to appoint a statutory supervisor for a place at the mine, the mine operator must have regard to —
(a) the mine’s mine safety management system; and
(b) risk assessments undertaken in relation to the place at the mine.
(3) Statutory supervisors have the following functions for the place (the
appointed place ) at the mine to which they are appointed —(a) allocating tasks to the worker for that worker to carry out at the appointed place;
(b) supervising and controlling workers and other persons at the appointed place;
(c) if necessary, inspecting areas where workers and other persons travel to the appointed place for risks or hazards to those persons;
(d) taking steps to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to risks or hazards in the appointed place;
(e) if the supervisor is being replaced by another supervisor — providing written reports to the incoming supervisor under regulation 630.
(4) A person is eligible to be appointed as a statutory supervisor for a place at a mine if the person —
(a) works for at least 2 years as a supervisor or worker in a similar operation or industry that the mine is engaged in; and
(b) successfully completes an approved WHS risk management unit for statutory supervisors; and
(c) passes an applicable legislation examination for statutory supervisors.
(1) A mine air quality officer must be appointed for a mine if a hazard identified at the mine under the mine safety management system for the mine includes exposing workers to airborne contaminants, heat or humidity.
(2) Mine air quality officers for a mine have the following functions —
(a) advising the mine operator, site senior executive or exploration manager about steps to be taken to reduce the exposure of workers to airborne contaminants, heat or humidity;
(b) planning and carrying out monitoring for air quality and airborne contaminants by reference to the risk of exposure to the airborne contaminants identified at the mine;
(c) reporting on the results of the monitoring to the mine operator, site senior executive or exploration manager.
(3) A person is eligible to be appointed as a mine air quality officer for a mine if the person —
(a) successfully completes a course about sampling and assessing airborne contaminants that is approved by the regulator under regulation 675ZZK(1)(c); and
(b) successfully completes an approved WHS risk management unit for mine air quality officers; and
(c) passes an applicable legislation examination for mine air quality officers.
(1) In this clause —
(2) An electrical supervisor must be appointed for a mine where electrical work is carried out by an electrician.
(3) Electrical supervisors for a mine have the following functions —
(a) ensuring the efficient supervision of the installation, maintenance and testing of electrical plant;
(b) to be responsible to the site senior executive or exploration manager for the safe operation of electrical plant at the mine;
(c) ensuring that all work carried out by persons in relation to electrical plant and installations at the mine is adequately supervised;
(d) ensuring that electrical plant and installations at the mine are installed and tested in accordance with the Act, and maintained in a safe working condition;
(e) stopping the use of any electrical plant or installation at the mine considered to be dangerous;
(f) reporting to the site senior executive or exploration manager any situation which may affect the safe use of electricity or contravene the Act;
(g) investigating and reporting to the site senior executive or exploration manager details of the following incidents —
(i) any electric shock or burn received by a person;
(ii) any fire suspected to be caused by electricity;
(iii) any dangerous occurrence involving electricity which could have caused injury to a person;
(h) recording up to date information in the electrical log book kept for the mine under regulation 641C about the matters and incidents referred to in paragraphs (e), (f) and (g).
(4) A person is eligible to be appointed as an electrical supervisor if the person —
(a) either —
(i) has an electrician’s licence issued under the
Electricity (Licensing) Regulations 1991 without restrictions; or(ii) holds a qualification in electrical engineering that makes the person eligible for professional engineer membership of the Institution of Engineers Australia ABN 63 020 415 510;
and
(b) successfully completes an approved WHS risk management unit for electrical supervisors; and
(c) works for at least 2 years carrying out electrical work in the mining industry or another heavy industry.
(1) A high voltage operator must be appointed for a mine —
(a) that has high voltage installations; or
(b) where high voltage electricity is used.
(2) High voltage operators for a mine have the following functions —
(a) issuing permits (
high voltage vicinity permits ) to persons authorising them to work or operate any plant at the mine that is in close proximity to uninsulated high voltage conductors or components;(b) ensuring that measures for the safe operation of the plant in close proximity to uninsulated high voltage conductors or components are —
(i) detailed on the high voltage vicinity permits to which they relate; and
(ii) are carried out;
(c) isolating high voltage equipment at the mine so that the equipment can be accessed, maintained or repaired, and re‑energising the equipment.
(3) A person is eligible to be appointed as a high voltage operator for a mine if —
(a) the person successfully completes a high voltage operator training course that is approved by the regulator under regulation 675ZZK(1)(d); and
(b) the site senior executive or exploration manager of the mine is satisfied that the person knows how to operate switchgear to isolate and re‑energise high voltage equipment under subclause (2)(c).
(1) An underground manager (non‑coal) must be appointed for an underground non‑coal mine.
(2) Underground managers (non‑coal) for an underground non‑coal mine have the following functions —
(a) directing and controlling the underground operations of the mine, subject to an instruction given by the site senior executive of the mine;
(b) ensuring that every person who is appointed to perform any duty under the Act underground understands the nature and scope of that duty;
(c) ensuring that, when underground, every person other than the site senior executive performs all duties imposed on that person under the Act;
(d) assisting the site senior executive of the mine to manage an emergency occurring underground at the mine.
(3) A person is eligible to be appointed as an underground manager (non‑coal) for an underground non‑coal mine if —
(a) for a mine where, on average, more than 25 persons work underground per day — the person holds a first class mine manager’s certificate for non‑coal mines; or
(b) otherwise — the person holds a first class mine manager’s certificate for non‑coal mines or underground supervisor’s certificate for non‑coal mines.
(1) An underground manager (coal) must be appointed for an underground coal mine.
(2) Underground managers (coal) for an underground coal mine have the following functions —
(a) directing and controlling the underground operations of the mine, subject to an instruction given by the site senior executive of the mine;
(b) ensuring that every person who is appointed to perform any duty under the Act underground understands the nature and scope of that duty;
(c) ensuring that, when underground, every person other than the site senior executive of the mine performs all duties imposed on that person under the Act;
(d) assisting the site senior executive of the mine to manage an emergency occurring underground at the mine.
(3) A person is eligible to be appointed as an underground manager (coal) for an underground coal mine if —
(a) for a mine where, on average, more than 25 persons work underground per day — the person holds a first class mine manager’s certificate for coal mines; or
(b) otherwise — the person holds a first class mine manager’s certificate for coal mines or deputy’s certificate for underground coal mines.
(1) In this clause —
(2) An underground supervisor (non‑coal) must be appointed for a supervised area in an underground non‑coal mine.
(3) Underground supervisors (non‑coal) for an underground non‑coal mine have the following functions —
(a) subject to the direction of the underground manager (non‑coal), supervising the underground operations in the supervisor’s area;
(b) determining, so far as is reasonably practicable, that it is safe to perform a task in the supervisor’s area and allocating the task to a worker;
(c) inspecting underground areas in the supervisor’s area where workers work or travel;
(d) taking steps to ensure, so far as is reasonably practicable, that workers are not exposed to hazards in the supervisor’s area;
(e) if the supervisor is being replaced by another supervisor — providing written reports to the incoming supervisor under regulation 630.
(4) A person is eligible to be appointed as an underground supervisor (non‑coal) if the person holds a first class mine manager’s certificate for non‑coal mines or underground supervisor’s certificate for non‑coal mines.
(1) In this clause —
(2) An underground supervisor (coal) must be appointed for a supervised area in an underground coal mine.
(3) Underground supervisors (coal) for an underground coal mine have the following functions —
(a) subject to the direction of the underground manager (coal), supervising the underground operations in the supervisor’s area;
(b) determining, so far as is reasonably practicable, that it is safe to perform a task in the supervisor’s area and allocating the task to a worker;
(c) inspecting underground areas in the supervisor’s area where workers work or travel;
(d) taking steps to ensure, so far as is reasonably practicable, that workers who the supervisor is supervising are not exposed to hazards in the supervisor’s area;
(e) if the supervisor is being replaced by another supervisor — providing written reports to the incoming supervisor under regulation 630.
(4) A person is eligible to be appointed as an underground supervisor (coal) if the person holds a first class mine manager’s certificate for coal mines or deputy’s certificate for underground coal mines.
(1) An underground ventilation officer must be appointed for an underground mine.
(2) Underground ventilation officers for a mine have the following functions —
(a) planning and implementing an underground ventilation system that —
(i) ensures air is provided of the required volume, velocity and quality under regulation 648(1), having regard to the underground ventilation control plan under regulation 654 and, if diesel units are used at the mine, the requirements of regulation 656A; and
(ii) manages heat and humidity in the underground part of the mine so that regulations 41A and 635 are not contravened; and
(iii) ensures the underground ventilation control plan is prepared and implemented under regulation 654; and
(iv) reduces concentrations of any airborne contaminant (including any asphyxiant or explosive gas) at the mine to as low as is reasonably practicable;
(b) monitoring atmospheric conditions in the underground part of the mine, having regard to the hazards and risks assessed and identified for the part of the mine;
(c) maintaining records of the monitoring of atmospheric condition;
(d) maintaining the ventilation plan prepared for the underground mine under regulation 656;
(e) advising the following of deficiencies in the underground ventilation system and precautions to be taken because of those deficiencies —
(i) the site senior executive of the mine;
(ii) the underground manager (coal) or underground manager (non‑coal) for the mine.
(3) A person is eligible to be appointed as an underground ventilation officer for a mine if —
(a) the person has —
(i) a diploma or degree that had a curriculum that focused substantially on underground mine ventilation; or
(ii) an alternative qualification that the regulator approves under subclause (4) for the mine;
and
(b) the person —
(i) successfully completes an approved WHS risk management unit for underground ventilation officers; and
(ii) passes an applicable legislation examination for underground ventilation officers; and
(iii) works for at least 2 years at an underground mine, at least 6 months of which is working with an underground ventilation officer.
(4) The regulator may approve a qualification as an alternative qualification for underground ventilation officers for a mine if the regulator is satisfied the qualification provides sufficient competency in underground mine ventilation at the mine.
(5) If the regulator approves an alternative qualification under subclause (4) for a mine, or decides not to approve the alternative qualification, the regulator must give written notice of the decision to the mine operator of the mine.
(1) An authorised mine surveyor (underground) must be appointed for an underground mine where a mine survey plan must be prepared and maintained under regulation 675S.
(2) Authorised mine surveyors (underground) for a mine have the following functions —
(a) conducting surveys and preparing plans required under these regulations;
(b) supervising other persons who conduct surveys and prepare plans required under these regulations;
(c) certifying that surveys and plans referred to in paragraphs (a) and (b) are accurate and correct.
(3) A person is eligible to be appointed as an authorised mine surveyor (underground) if the person holds an authorised mine surveyor’s certificate (grade 1).
(1) In this clause —
(2) A winding engine driver must be appointed to operate a winder for a winding system at an underground mine if the winding system lowers and raises persons, material or plant in a mine shaft.
(3) The function of a winding engine driver is to operate the winder for which they have been appointed.
(4) A person is eligible to be appointed as a winding engine driver for a class 1 engine at an underground mine if —
(a) the person has assisted in operating a class 1 engine for at least 300 hours under the supervision of a winding engine driver eligible to operate a class 1 engine; and
(b) the person is assessed, in accordance with a system of assessment decided by the mine operator or site senior executive of the mine, as being competent to operate the class 1 engine.
(5) A person is eligible to be appointed as a winding engine driver for a class 2 engine at an underground mine if —
(a) the person has assisted in operating a winder for a winding system for at least 300 hours under the supervision of a winding engine driver eligible to operate a winder; and
(b) the person is assessed, in accordance with a system of assessment decided by the mine operator or site senior executive of the mine, as being competent to operate the class 2 engine.
(1) A quarry manager must be appointed for a mine —
(a) where quarry operations are carried out; and
(b) in respect of which a levy is payable under the
Mines Safety and Inspection Act 1994 .
Note for this subclause:
Under regulation 675ZJ(d) if a quarry manager is not required to be appointed under this subclause the site senior executive has the functions of a quarry manager.
(2) Quarry managers for a mine have the following functions —
(a) subject to the direction of the mine operator or site senior executive of the mine, directing and controlling the quarry operations at the mine;
(b) controlling and supervising the quarry operations at the mine;
(c) ensuring that every person who is appointed to perform any duty under the Act in the course of quarry operations understands the nature and scope of that duty;
(d) ensuring that, when engaging in quarry operations, every person, other than the mine operator and site senior executive of the mine and any person acting on behalf of the mine operator, performs all duties imposed on that person under the Act;
(e) assisting the site senior executive of the mine to manage an emergency occurring at the part of the mine where quarry operations are carried out.
(3) A person is eligible to be appointed as a quarry manager if the person holds —
(a) for a mine where, on average, more than 25 persons per day carry out quarry operations —
(i) a first class mine manager’s certificate for coal mines; or
(ii) a first class mine manager’s certificate for non‑coal mines; or
(iii) a quarry manager’s certificate;
or
(b) otherwise —
(i) a first class mine manager’s certificate for coal mines; or
(ii) a first class mine manager’s certificate for non‑coal mines; or
(iii) a quarry manager’s certificate; or
(iv) a restricted quarry manager’s certificate.
(1) An authorised mine surveyor (quarry operation) must be appointed for a mine where —
(a) quarry operations are carried out; and
(b) a mine survey plan must be prepared and maintained under regulation 675S(1).
(2) Authorised mine surveyors (quarry operation) for a mine have the following functions —
(a) conducting surveys and preparing plans required under these regulations;
(b) supervising other persons who conduct surveys and prepare plans required under these regulations;
(c) certifying that surveys and plans referred to in paragraphs (a) and (b) are accurate and correct.
(3) A person is eligible to be appointed as an authorised mine surveyor (quarry operation) if the person holds —
(a) an authorised mine surveyor’s certificate (grade 1); or
(b) an authorised mine surveyor’s certificate (grade 2).
[r. 675ZZA]
(1) In this clause —
(a) managing ground stability; and
(b) production activities at the coal face; and
(c) mine transport and other services necessary for mining operations to be carried out.
(2) A person is eligible for a first class mine manager’s certificate for coal mines if the person —
(a) reaches 25 years of age; and
(b) holds —
(i) a degree in mining engineering from an Australian university; or
(ii) a qualification approved by the Mining Competence Advisory Committee to be equivalent to the degree mentioned in subparagraph (i);
and
(c) successfully completes an approved WHS risk management unit for a first class mine manager’s certificate for coal mines; and
(d) passes an applicable legislation examination for a first class mine manager’s certificate for coal mines; and
(e) works at —
(i) a mine for at least 5 years; and
(ii) an underground coal mine for at least 3 years;
and
(f) while working in an underground coal mine, has experience —
(i) carrying out each relevant activity for at least 3 months; and
(ii) working in mine ventilation, mine planning or mine emergency management for at least 6 months;
and
(g) is of good character; and
(h) receives first aid training.
(1) In this clause —
(a) managing ground stability; and
(b) production activities in stopes and development faces; and
(c) use of explosives; and
(d) mine transport and other services necessary for mining operations to be carried out.
(2) A person is eligible for a first class mine manager’s certificate for non‑coal mines if the person —
(a) reaches 25 years of age; and
(b) holds —
(i) a degree in mining engineering from an Australian university; or
(ii) a qualification approved by the Mining Competence Advisory Committee to be equivalent to the degree mentioned in subparagraph (i);
and
(c) successfully completes an approved WHS risk management unit for a first class mine manager’s certificate for non‑coal mines; and
(d) passes an applicable legislation examination for a first class mine manager’s certificate for non‑coal mines; and
(e) works at —
(i) a mine for at least 5 years; and
(ii) an underground non‑coal mine for at least 3 years;
and
(f) while working in an underground non‑coal mine, has experience —
(i) carrying out each relevant activity for at least 3 months; and
(ii) working for at least 6 months in mine ventilation, mine planning or mine emergency management;
and
(g) is of good character; and
(h) receives first aid training.
(1) In this clause —
(a) drilling and use of explosives; and
(b) mine transport and services.
(2) A person is eligible for a quarry manager’s certificate if the person —
(a) reaches 24 years of age; and
(b) holds —
(i) a degree in engineering from an Australian university in a discipline approved for the certificate by the Mining Competence Advisory Committee; or
(ii) a diploma in mining from a TAFE; or
(iii) a degree or diploma in geology or in earth sciences from an Australian university or TAFE that is approved by the Mining Competence Advisory Committee; or
(iv) a qualification approved by the Mining Competence Advisory Committee to be equivalent to the degree or diploma mentioned in subparagraph (i), (ii) or (iii);
and
(c) successfully completes an approved WHS risk management unit for a quarry manager’s certificate; and
(d) passes an applicable legislation examination for a quarry manager’s certificate; and
(e) works for at least 2 years at a mine where quarry operations are carried out; and
(f) while working at a mine where quarry operations are carried out, has experience —
(i) carrying out each relevant activity in relation to quarry operations for at least 3 months; and
(ii) working in managing ground stability, mine planning or mine emergency management in relation to quarry operations for at least 6 months;
and
(g) is of good character; and
(h) receives first aid training.
(1) In this clause —
(a) installing ground support; and
(b) use of explosives at stopes and development faces; and
(c) mine transport and services;
(a) a degree in mining engineering or science from an Australian university; or
(b) a diploma in mining from an Australian university or TAFE; or
(c) a qualification approved by the Mining Competence Advisory Committee to be equivalent to the degree or diploma mentioned in paragraph (a) or (b).
(2) A person is eligible for an underground supervisor’s certificate if the person —
(a) reaches 23 years of age; and
(b) for a person who holds a relevant qualification —
(i) passes an applicable legislation examination for an underground supervisor’s certificate; and
(ii) works at an underground mine for at least 2 years;
and
(c) for a person who does not hold a relevant qualification —
(i) passes a mining practice examination for an underground supervisor’s certificate; and
(ii) passes an applicable legislation examination for an underground supervisor’s certificate; and
(iii) works at an underground mine for at least 5 years;
and
(d) while working at an underground non‑coal mine, has experience —
(i) carrying out each relevant activity for at least 3 months; and
(ii) working for at least 6 months in mine ventilation, mine planning or mine emergency management;
and
(e) successfully completes an approved WHS risk management unit for an underground supervisor’s certificate; and
(f) is of good character; and
(g) receives first aid training.
(1) In this clause —
(a) installing ground support; and
(b) production activities at the coal face;
(a) a degree in mining engineering or science from an Australian university; or
(b) a diploma in mining from an Australian university or TAFE; or
(c) a qualification approved by the Mining Competence Advisory Committee to be equivalent to the degree or diploma mentioned in paragraph (a) or (b).
(2) A person is eligible for a deputy’s certificate for underground coal mines if the person —
(a) reaches 23 years of age; and
(b) for a person who holds a relevant qualification —
(i) passes an applicable legislation examination for a deputy’s certificate for underground coal mines; and
(ii) works at an underground coal mine for at least 2 years;
and
(c) for a person who does not hold a relevant qualification —
(i) passes a mining practice examination for a deputy’s certificate for underground coal mines; and
(ii) passes an applicable legislation examination for a deputy’s certificate for underground coal mines; and
(iii) works at an underground coal mine for at least 5 years;
and
(d) while working at an underground coal mine, has experience —
(i) carrying out each relevant activity for at least 3 months; and
(ii) working for at least 6 months in mine ventilation, mine planning or mine emergency management;
and
(e) successfully completes an approved WHS risk management unit for a deputy’s certificate for underground coal mines; and
(f) is of good character; and
(g) receives first aid training.
[(1) deleted] (2) A person is eligible for a restricted quarry manager’s certificate if the person —
(a) reaches 21 years of age; and
(b) passes a mining practice examination and an applicable legislation examination for a restricted quarry manager’s certificate; and
(c) works for at least 2 years at a mine where quarry operations are carried out; and
(d) while working at a mine where quarry operations are carried out, has experience —
(i) carrying out mine transport and services in relation to quarry operations for at least 3 months; and
(ia) if the person will work at a mine where drilling and use of explosives is carried out at the mine — carrying out drilling and use of explosives in relation to quarry operations for at least 3 months; and
(ii) working for at least 6 months in managing ground stability, mine planning or mine emergency management in relation to quarry operations;
and
(e) successfully completes an approved WHS risk management unit for a restricted quarry manager’s certificate; and
(f) is of good character; and
(g) receives first aid training.
(1) A person is eligible for an authorised mine surveyor’s certificate (grade 1) if the person —
(a) holds —
(i) a degree or diploma in mine surveying technology from an Australian university that includes 2 units in mining and 1 unit in structural geology or engineering geology; or
(ii) a 3‑year diploma of mine surveying from a TAFE that includes 2 units in mining and 1 unit in structural geology or engineering geology; or
(iii) a qualification approved by the Surveyors Competence Advisory Committee under subclause (2);
and
(b) has experience preparing underground surveys at a mine under the supervision of a surveyor for at least 2 years; and
(c) passes a mining practice examination and an applicable legislation examination for an authorised mine surveyor’s certificate (grade 1); and
(d) is of good character.
(2) The Surveyors Competence Advisory Committee may approve a qualification for the purposes of subclause (1)(a)(iii) if —
(a) the qualification is a surveying qualification from a university or other education institution; and
(b) the qualification includes at least 2 units in mining and 1 unit in structural geology or engineering geology; and
(c) the Committee is satisfied the qualification is equivalent to a degree or diploma mentioned in subclause (1)(a)(i) or (ii).
(1) A person is eligible for an authorised mine surveyor’s certificate (grade 2) if the person —
(a) holds —
(i) a degree or diploma in mine surveying technology from an Australian university that includes 1 unit in mining and 1 unit in structural geology or engineering geology; or
(ii) a 3‑year diploma of mine surveying from a TAFE that includes 1 unit in mining and 1 unit in structural geology or engineering geology; or
(iii) a qualification approved by the Surveyors Competence Advisory Committee under subclause (2);
and
(b) has experience preparing surveys in relation to quarry operations at a mine under the supervision of a surveyor for at least 2 years; and
(c) passes a mining practice examination and an applicable legislation examination for an authorised mine surveyor’s certificate (grade 2); and
(d) is of good character.
(2) The Surveyors Competence Advisory Committee may approve a qualification for the purposes of subclause (1)(a)(iii) if —
(a) the qualification is a surveying qualification from a university or other education institution; and
(b) the qualification includes at least 1 unit in mining and 1 unit in structural geology or engineering geology; and
(c) the Committee is satisfied the qualification is equivalent to a degree or diploma mentioned in subclause (1)(a)(i) or (ii).
This is a compilation of the
SL 2022/32 11 Mar 2022 | Regulations other than r. 58, 460(1), 473(2A), 475(2A), 477(1A) and 489(2): 31 Mar 2022 (see r. 2(a) and SL 2022/18 cl. 2); r. 460(1), 473(2A), 475(2A), 477(1A) and 489(2): 31 Mar 2023 (see r. 2(c)); r. 58: 31 Mar 2024 (see r. 2(b)) | |||
SL 2022/214 23 Dec 2022 | 24 Dec 2022 (see r. 2(b)) | |||
SL 2023/22 24 Mar 2023 | 31 Mar 2023 (see r. 2(b)) | |||
SL 2023/134 9 Aug 2023 | 10 Aug 2023 (see r. 2(b)) | |||
SL 2024/135 26 Jun 2024 | 1 Jul 2024 (see r. 2(b)) | |||
SL 2024/233 13 Nov 2024 | r. 1 and 2: 13 Nov 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Nov 2024 (see r. 2(b)) | |||
SL 2025/61 16 Apr 2025 | 17 Apr 2025 (see r. 2(b)) | |||
The
To see the editorial changes included in a version of a law, see the compare document for that version on the WA Legislation website.
s. 698N(c) | s. 26(1) | 26 Mar 2024 |
8-hour time-weighted average................................................................................ 49(4)
abrasive blasting............................................................................................................... 5
ACD................................................................................................................................... 5
ACM................................................................................................................................... 5
additional mining operation............................................................................ 675UD(1)
additional operations notice............................................................................ 675UD(2)
ADG Code......................................................................................................................... 5
administrative control..................................................................................................... 5
agricultural or veterinary chemical...................................................... Sch. 9 cl. 10(2)
Agvet Code....................................................................................................................... 5
airborne contaminant....................................................................................................... 5
altered.................................................................................................................... 244(1A)
alternate............................................................................................................................. 5
applicable legislation examination................................................................................ 5
applicant.................................................................................................................. 675ZZ
appointed member.................................................................................................... 698A
appointed place........................................................................................ Sch. 26 cl. 3(3)
appropriate person........................................................................................................... 5
appropriate training............................................................................................. 460(1A)
approved form.................................................................................................................. 5
approved radiation management plan................................................................... 608A
approved radioactive waste management plan.................................................... 608A
approved WHS risk management unit.................................................... 5, 675ZZJ(1)
article.................................................................................................................................. 5
AS 2601............................................................................................................................. 5
AS 3850............................................................................................................ 5, 306A(1)
asbestos.............................................................................................................................. 5
asbestos containing material.......................................................................................... 5
asbestos-contaminated dust or debris........................................................................... 5
asbestos management plan................................................................. 5, 429(2), 432(2)
asbestos register................................................................................................. 5, 425(1)
asbestos-related work...................................................................................................... 5
asbestos removalist.......................................................................................................... 5
asbestos removal licence................................................................................................ 5
asbestos removal work.................................................................................................... 5
asbestos waste................................................................................................................... 5
AS/NZS 1576 Parts 1 to 6................................................................................. 225(1A)
AS/NZS 2815....................................................................................................... 171(1A)
assistance................................................................................................................. 48(1A)
audiometric testing................................................................................................ 58(1A)
Australian Height Datum................................................................................ 675TA(1)
Australian university....................................................................................................... 5
authorised mine surveyor (quarry operation).............................................................. 5
authorised mine surveyor’s certificate (grade 1)........................................................ 5
authorised mine surveyor’s certificate (grade 2)........................................................ 5
authorised mine surveyor (underground)..................................................................... 5
authorised RTO................................................................................................... 326(1A)
biological monitoring...................................................................................................... 5
blood lead level................................................................................................................ 5
blood lead level monitoring........................................................................................... 5
Board of Examiners............................................................................................... 707(1)
boiler.................................................................................................................................. 5
boom-type elevating work platform............................................................................. 5
bridge crane....................................................................................................................... 5
building.................................................................................................................... 153(1)
building maintenance equipment.................................................................................. 5
building maintenance unit.............................................................................................. 5
capacity.............................................................................................................................. 5
card holder........................................................................................................... 5, 326(3)
care and maintenance...................................................................................... 675UH(1)
care and maintenance notice.......................................................................... 675UH(3)
certificate of medical fitness.......................................................................................... 5
certification....................................................................................................................... 5
chemical identity.............................................................................................................. 5
class.................................................................................................................................... 5
Class 1 demolition licence.............................................................................................. 5
Class 1 demolition work................................................................................ 5, 142B(1)
class 1 engine........................................................................................ Sch. 26 cl. 13(1)
Class 2 demolition licence.............................................................................................. 5
Class 2 demolition work................................................................................ 5, 142C(1)
class 2 engine........................................................................................ Sch. 26 cl. 13(1)
Class A asbestos removal licence................................................................................. 5
Class A asbestos removal work..................................................................................... 5
Class B asbestos removal licence.................................................................................. 5
Class B asbestos removal work..................................................................................... 5
clearance certificate........................................................................................... 5, 474(2)
clearance inspection....................................................................................... 5, 473(1A)
combustible dust.............................................................................................................. 5
combustible substance.................................................................................................... 5
commencement day.................................................................................................... 705
commencement notice........................................................................................... 726(1)
compatible............................................................................................................ 357(2A)
competency certificate........................................................................................... 747(1)
competent assessor................................................................................................. 617(2)
competent person............................................................................................ 5, 235(1B)
compliance day....................................................................................................... 732(1)
concrete panel.................................................................................................. 5, 306A(1)
concrete placing boom.................................................................................................... 5
confined space.................................................................................................................. 5
confined space entry permit........................................................................................... 5
construction project................................................................................................ 5, 292
construction site............................................................................................................... 5
construction work......................................................................... 5, 289(1), (2) and (3)
consumer product............................................................................................................. 5
container............................................................................................................................ 5
contaminant....................................................................................................................... 5
contractor................................................................................................................... 608A
controlled................................................................................................ 184A(2), 446(4)
control measure................................................................................................................ 5
conveyor............................................................................................................................ 5
correct classification........................................................................................................ 5
correctly classified............................................................... Sch. 9 cl. 1(1), (2) and (3)
correctly labelled....... 335(2), Sch. 9 cl. 3(1), 4(2), 5(2), 6(2), 7(2), 8(2), 9(2) and
..................................................................................................................................... 10(1)
correctly packed............................................................. Sch. 9 cl. 2(1), Sch. 9 cl. 2(2)
crane................................................................................................................................... 5
current certificate of medical fitness............................................................................ 5
danger zone.......................................................................................................... 166A(1)
de-energised...................................................................................................................... 5
demolition licence............................................................................................................ 5
demolition or refurbishment.............................................................................. 447(1A)
demolition work............................................................................................................... 5
deputy’s certificate for underground coal mines........................................................ 5
derrick crane..................................................................................................................... 5
designated worker................................................................................................. 641I(1)
designer.............................................................................................................................. 5
direct fired process heater............................................................................................... 5
direct supervision................................................................................................... 84(1A)
dogging work.................................................................................................................... 5
duty holder........................................................................................................................ 5
EANx................................................................................................................................. 5
earthmoving machinery.................................................................................................. 5
e-cigarette..................................................................................................................... 50A
electrical equipment...................................................................................... 5, 144, 148
electrical installation..................................................................................... 5, 145, 148
electrical risk..................................................................................................................... 5
electrical supervisor......................................................................................................... 5
electrical work......................................................................................................... 5, 146
electrician................................................................................................. Sch. 26 cl. 5(1)
eligibility requirements................................................................................................... 5
eligible person......................................................................................................... 676(1)
emergency........................................................................................... 454(1A), 455(1A)
emergency service organisation.................................................................................... 5
emergency service worker.............................................................................................. 5
enclosed workplace.................................................... 5, 50A, 50B(1), (2), (3) and (6)
energised............................................................................................................................ 5
engineering control.......................................................................................................... 5
entry.................................................................................................................................... 5
equivalent certificate............................................................................................. 747(1)
equivalent position................................................................................................. 742(1)
essential services.............................................................................................................. 5
excavation......................................................................................................................... 5
excavation work............................................................................................................... 5
exemption period.................................................................................................... 718(3)
exploration manager........................................................................................................ 5
exploration operations....................................................................................... 5, 741(1)
explosive.................................................................................................................... 608A
exposure standard............................................................................................................ 5
exposure standard for noise................................................................................ 5, 56(1)
externally-controlled plant............................................................................................. 5
external review................................................................................................... 5, 683(1)
fall arrest system.............................................................................................................. 5
fall prevention device........................................................................................... 79(1A)
fault.................................................................................................................................... 5
female of reproductive capacity.................................................................................... 5
finalisation period.................................................................................................. 707(2)
first class mine manager’s certificate for coal mines................................................ 5
first class mine manager’s certificate for non-coal mines........................................ 5
first supplied....................................................................................... 339(1A), 344(1A)
fitness criteria................................................................................................................... 5
flammable gas................................................................................................................... 5
flammable or combustible substances............................................................... 53(1A)
forklift truck...................................................................................................................... 5
friable asbestos................................................................................................................. 5
gantry crane....................................................................................................................... 5
gas cylinder....................................................................................................................... 5
general construction induction training........................................................................ 5
general construction induction training card................................................. 5, 318(1)
general construction induction training certification................................................. 5
general diving work......................................................................................................... 5
genuine research............................................................................................................... 5
Geocentric Datum of Australia 2020............................................................ 675TA(1)
geotechnical structure..................................................................................................... 5
GHS.................................................................................................................................... 5
harness................................................................................................................... 221(1A)
hazard category................................................................................................................ 5
hazard class....................................................................................................................... 5
hazardous area.................................................................................................................. 5
hazardous atmosphere........................................................................................... 51(1A)
hazardous chemical......................................................................................................... 5
hazardous manual task.................................................................................................... 5
hazard pictogram.............................................................................................................. 5
hazard statement............................................................................................................... 5
head or upper body.......................................................................................................... 5
health monitoring............................................................................................................. 5
heritage boiler................................................................................................................... 5
high risk construction work................................................................................... 5, 291
high risk diving work...................................................................................................... 5
high risk mining activity................................................................................................. 5
high risk work................................................................................................................... 5
high risk work licence..................................................................................................... 5
high voltage....................................................................................................................... 5
high voltage operator....................................................................................................... 5
high voltage vicinity permit........................................................................................... 5
high voltage vicinity permits................................................................ Sch. 26 cl. 6(2)
historical purpose or activity............................................................................. 216(1A)
hoist.................................................................................................................................... 5
ignition source.................................................................................................................. 5
importer............................................................................................................................. 5
incidental diving work.................................................................................................... 5
incoming supervisor............................................................................................... 630(2)
independent....................................................................................................................... 5
industrial lift truck........................................................................................................... 5
industrial robot................................................................................................................. 5
inhalable..................................................................................................................... 49(4)
inrush.................................................................................................................................. 5
in situ asbestos.................................................................................................................. 5
inspection record............................................................................................... 675ZA(1)
intake roadway........................................................................................................ 657(1)
internal review...................................................................................... 5, 678(1) and (2)
in transit............................................................................................................................. 5
involves asbestos................................................................................................. 419(1A)
key equivalent position......................................................................................... 742(1)
key statutory position...................................................................................................... 5
LAeq,8h...................................................................................................................... 56(2)
last MSIR inspection............................................................................................. 718(1)
LC,peak...................................................................................................................... 56(2)
lead..................................................................................................................................... 5
lead process.............................................................................................................. 5, 392
lead process area.............................................................................................................. 5
lead risk work.......................................................................................................... 5, 394
LEL..................................................................................................................................... 5
licence holder.................................................................................................................... 5
licensed asbestos assessor.............................................................................................. 5
licensed asbestos removalist.......................................................................................... 5
licensed asbestos removal work.................................................................................... 5
licensed surveyor............................................................................................................. 5
lift....................................................................................................................................... 5
lifted.................................................................................................................... 675UF(1)
limited diving.................................................................................................................... 5
limited scientific diving work........................................................................................ 5
longer transitional period........................................................................................... 705
lower explosive limit....................................................................................................... 5
maintain............................................................................................................................. 5
major inspection.................................................................................................. 235(1A)
manufacturer..................................................................................................................... 5
map coordinates................................................................................................ 675TA(1)
mast climbing work platform......................................................................................... 5
materials hoist................................................................................................................... 5
medical examination notice.................................................................... 5, 55E, 55F(1)
medical treatment............................................................................................................. 5
member...................................................................................................................... 698A
membrane filter method.................................................................................................. 5
mine......................................................................................................... 5, 5A(1) and (2)
mine air quality officer................................................................................................... 5
mine emergency worker................................................................................................. 5
mine operator............................................................................................................ 5, 5C
mineral............................................................................................................................... 5
mine safety management system................................................................................... 5
mine shaft.......................................................................................................................... 5
mine shaft conveyance.................................................................................................... 5
mine survey plan................................................................................................... 675RA
mining commencement notice....................................................................... 675UC(2)
Mining Competence Advisory Committee.................................................................. 5
mining operation notice................................................................................... 675UE(1)
mining operations..................................................................................................... 5, 5B
mining practice examination.......................................................................................... 5
mining safety legislation................................................................................................. 5
mixture............................................................................................................................... 5
mobile crane...................................................................................................................... 5
moving........................................................................................................................ 82(3)
MSIA............................................................................................................................. 705
MSIA position........................................................................................................ 742(1)
MSIR............................................................................................................................. 705
MSIR approval....................................................................................................... 730(1)
musculoskeletal disorder................................................................................................ 5
NATA................................................................................................................................ 5
NATA-accredited laboratory......................................................................................... 5
naturally occurring asbestos........................................................................................... 5
network operator.............................................................................................................. 5
noise officer...................................................................................................................... 5
nominating person............................................................................................... 698G(1)
non-friable asbestos......................................................................................................... 5
non-slewing mobile crane.............................................................................................. 5
notice of satisfactory assessment.................................................................................. 5
operative period.......................................................................... 744(1), 745(1), 746(1)
operator protective device.............................................................................................. 5
order-picking forklift truck............................................................................................ 5
outgoing supervisor................................................................................................ 630(2)
passenger ropeway........................................................................................................... 5
personal protective equipment....................................................................................... 5
person conducting a business or undertaking............................................................. 7
personnel and materials hoist......................................................................................... 5
person with management or control of a workplace.................................................. 5
person with management or control of plant at a workplace................................... 5
pipeline.............................................................................................................................. 5
pipe work........................................................................................................................... 5
plant.................................................................................................................................... 5
Poisons Standard................................................................................................. 335(1A)
portal boom crane............................................................................................................ 5
powered mobile plant...................................................................................................... 5
precautionary statement.................................................................................................. 5
pre-commencement certificate application........................................................ 707(1)
pre-operational monitoring program............................................................... 641M(1)
presence-sensing safeguarding system......................................................................... 5
pressure equipment.......................................................................................................... 5
pressure piping................................................................................................................. 5
pressure vessel.................................................................................................................. 5
principal contractor............................................................................................ 5, 293(1)
principal mining hazard............................................................... 608A, 612(1) and (2)
product identifier.............................................................................................................. 5
production area....................................................................................................... 663(1)
prohibited carcinogen...................................................................................................... 5
psychosocial hazard............................................................................................... 5, 55A
psychosocial risk.................................................................................................... 5, 55B
purging.................................................................................................................... 71(1A)
quantity.............................................................................................................................. 5
quarry................................................................................................................................. 5
quarry manager................................................................................................................. 5
quarry manager’s certificate.......................................................................................... 5
quarry operation............................................................................................................... 5
quarter................................................................................................................................ 5
radiation safety officer.................................................................................................... 5
radioactive material............................................................... 641I(1), 641K(1) and (2)
reach stacker..................................................................................................................... 5
reciprocating steam engine............................................................................................. 5
reeling cable.............................................................................................................. 608A
registered manager...................................................................................................... 705
registered medical practitioner...................................................................................... 5
registered training organisation..................................................................................... 5
registrable plant........................................................................................ 716(1), 718(1)
relevant activity.......................................... Sch. 27 cl. 1(1), 2(1), 3(1), 4(1) and 5(1)
relevant competence committee.................................................................................... 5
relevant competencies........................................................................................ 171(1A)
relevant diving experience............................................................... 172(1A), 173(1A)
relevant incident........................................................................................... Sch. 25 cl. 1
relevant mine............................................................................................. 641I(1), 641L
relevant person............................................................................... 675UB(1), 675UI(1)
relevant pressure vessels....................................................................................... 718(1)
relevant qualification.............................................................. Sch. 27 cl. 4(1) and 5(1)
relevant supervisor................................................................................................. 630(1)
relevant worker....................................................................................... 76(1A), 80(1A)
remote or isolated work........................................................................................ 48(1A)
reportable incident........................................................................................................... 5
research chemical............................................................................................................. 5
respirable.................................................................................................................... 49(4)
respirable asbestos fibre.................................................................................................. 5
respiratory protective equipment...................................................................... 184A(3)
responsible person..................................................................................................... 306I
restricted carcinogen....................................................................................................... 5
restricted quarry manager’s certificate......................................................................... 5
retailer................................................................................................................................ 5
return roadway........................................................................................................ 657(1)
reviewable decisions.............................................................................................. 676(1)
rigging work...................................................................................................................... 5
roll-over protective structure............................................................................. 216(1A)
roof............................................................................................................................ 5, 50A
roof space................................................................................................................. 153(1)
RPS-9...................................................................................................................... 641I(1)
RTO.................................................................................................................................... 5
safe oxygen level.............................................................................................................. 5
safety data sheet............................................................................................................... 5
safety sign............................................................................................................. 353(1A)
Safe Work Australia........................................................................................................ 5
safe work method statement........................................................................................... 5
scaffold.............................................................................................................................. 5
scaffolding equipment........................................................................................... 225(8)
scaffolding work.............................................................................................................. 5
Schedule 26 position....................................................................................................... 5
Schedule 26 positions............................................................................................ 675ZP
second-hand smoke................................................................................................ 50I(1)
self-contained self-rescuer.................................................................................... 674(1)
self-erecting tower crane................................................................................................ 5
service apparatus.................................................................................................... 153(1)
shaft.................................................................................................................................... 5
shorter transitional period.......................................................................................... 705
signal word........................................................................................................................ 5
site senior executive........................................................................................................ 5
slewing mobile crane....................................................................................................... 5
slinging techniques.......................................................................................................... 5
smoke....................................................................................................................... 5, 50A
solid construction................................................................................................... 78(1A)
specified VET course...................................................................................................... 5
statutory certificate.......................................................................................................... 5
statutory certificates........................................................................................... 675ZZA
statutory position.............................................................................................................. 5
statutory supervisor......................................................................................................... 5
statutory surveyor certificate......................................................................................... 5
statutory surveyor position............................................................................................. 5
steam turbine..................................................................................................................... 5
structure............................................................................................................... 5, 290(1)
subject mine............................................................................................................ 626(1)
substance........................................................................................................................... 5
supervised area...................................................................... Sch. 26 cl. 9(1) and 10(1)
supplier.............................................................................................................................. 5
supply................................................................................................................................. 8
surface contacts..................................................................................................... 675AA
Surveyor General................................................................................................. 698E(1)
Surveyors Competence Advisory Committee............................................................. 5
suspended scaffold........................................................................................................... 5
suspension......................................................................................................................... 5
TAFE.................................................................................................................................. 5
technical name.................................................................................................................. 5
temporary work platform................................................................................................ 5
theatrical performance.................................................................................................... 5
tilt-up work....................................................................................................... 5, 306A(1)
tobacco product...................................................................................................... 5, 50A
tower crane........................................................................................................................ 5
tractor................................................................................................................................. 5
trailing cable.............................................................................................................. 608A
trench.................................................................................................................................. 5
tunnel.................................................................................................................................. 5
TWA concentration............................................................................................. 656B(1)
underground...................................................................................................................... 5
underground coal mine................................................................................................... 5
underground essential services......................................................................... 304(1A)
underground essential services information................................................... 304(1A)
underground manager (coal).......................................................................................... 5
underground manager (non-coal).................................................................................. 5
underground mine............................................................................................................ 5
underground non-coal mine........................................................................................... 5
underground operations.................................................................................................. 5
underground supervisor (coal)....................................................................................... 5
underground supervisor (non-coal)............................................................................... 5
underground supervisor’s certificate............................................................................ 5
underground ventilation officer..................................................................................... 5
UN number........................................................................................................................ 5
unsafe.................................................................................................................... 149(1A)
vehicle hoist...................................................................................................................... 5
vehicle loading crane....................................................................................................... 5
verified.................................................................................................................. 181(1A)
VET course....................................................................................................................... 5
waiting period................................................................................................... 675UK(1)
wall........................................................................................................................... 5, 50A
warning notice.................................................................................................. 675UG(1)
WHS management plan................................................................................. 5, 313(1A)
winder................................................................................................................................ 5
winding.............................................................................................................................. 5
winding engine driver..................................................................................................... 5
winding system................................................................................................................. 5
work box............................................................................................................................ 5
worker monitoring plan....................................................................................... 641I(1)
workers’ accommodation.................................................................................. 55D(1A)
work positioning system................................................................................................. 5
0
0
0