Work Health And Safety (National Uniform Legislation) Regulations 2011 (NT)
NORTHERN TERRITORY OF AUSTRALIA
Work health and safety (national uniform legislation) REGULATIONS 2011
As in force at 25 May 2022
northern territory of australia
As in force at 25 May 2022
work health and safety (national Uniform legislation) REGULATIONS 2011
Regulations under the Work Health and Safety (National Uniform Legislation) Act 2011
These Regulations may be cited as the
These Regulations commence on 1 January 2012.
Note for regulation 3
Regulation 3 appears in some corresponding WHS laws but is not required in the Territory.
Note for regulation 4
Regulation 4 appears in some corresponding WHS laws but is not required in the Territory.
(1) In these Regulations:
abrasive blasting means propelling a stream of abrasive material at high speed against a surface using compressed air, liquid, steam, centrifugal wheels or paddles to clean, abrade, etch or otherwise change the original appearance or condition of the surface.accredited assessor means:(a) a person who is accredited under Part 4.5 to conduct assessments; or
(b) the regulator.
ADG Code means theAustralian Code for the Transport of Dangerous Goods by Road and Rail , approved by the Transport and Infrastructure Council, as in force or remade from time to time.Note for definition
ADG Code The ADG Code is accessible at control means a method of work, a process or a procedure designed to minimise risk, but does not include:
(a) an engineering control; or
(b) the use of personal protective equipment.
Agvet Code , in Part 7.1, means the Agricultural and Veterinary Chemicals Code set out in the Schedule to theAgricultural and Veterinary Chemicals Code Act 1994 (Cth).airborne contaminant means a contaminant in the form of a fume, mist, gas, vapour or dust, and includes micro‑organisms.amusement device means plant operated for hire or reward that provides entertainment, sightseeing or amusement through movement of the equipment, or part of the equipment, or when passengers or other users travel or move on, around or along the equipment, but does not include:(a) a miniature train and railway system owned and operated by a model railway society, club or association; or
(b) a ride or device that is used as a form of transport and that is, in relation to its use for that purpose, regulated under another Act or an Act of the Commonwealth; or
(c) a boat or flotation device:
(i) that is solely propelled by a person who is in or on the boat or device; and
(ii) that is not attached to any mechanical elements or equipment outside the boat or device, and that does not rely on any artificial flow of water to move; or
(d) any plant specifically designed for a sporting, professional stunt, theatrical or acrobatic purpose or activity; or
(e) a coin‑operated or token‑operated device that:
(i) is intended to be ridden, at the one time, by not more than 4 children who must be below the age of 10 years; and
(ii) is usually located in a shopping centre or similar public location; and
(iii) does not necessarily have an operator.
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.
asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock forming minerals including the following:(a) actinolite asbestos;
(b) grunerite (or amosite) asbestos (brown);
(c) anthophyllite asbestos;
(d) chrysotile asbestos (white);
(e) crocidolite asbestos (blue);
(f) tremolite asbestos;
(g) a mixture that contains 1 or more of the minerals referred to in paragraphs (a) to (f).
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 , see regulation 429 or 432.asbestos register , see 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.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 means:(a) 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
(b) the superheaters, reheaters, economisers, boiler piping, supports, mountings, valves, gauges, fittings, controls, boiler setting and other equipment directly associated with those vessels;
but does not include:
(c) 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
(d) for the purposes of Parts 5.2 and 5.3 and in Schedules 3 and 4, a boiler designed or manufactured to the following codes:
(i) AMBSC Part 1 –
Australian Miniature Boiler Safety Committee Code for Copper Boilers ;(ii) AMBSC Part 2 –
Australian Miniature Boiler Safety Committee Code for Steel Boilers ;(iii) AMBSC Part 3 –
Australian Miniature Boiler Safety Committee Code for Sub-miniature Boilers ;(iv) AMBSC Part 4 –
Australian Miniature Boiler Safety Committee Code for Duplex Steel Boilers ; or
(e) in Schedules 3 and 4:
(i) a direct fired process heater; or
(ii) boilers with less than 5 m
2 heating surface or 150 kW output; or(iii) unattended boilers 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 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 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.bulk , in relation to a hazardous chemical, means any quantity of a hazardous chemical that is:(a) in a container with a capacity exceeding 500 L or net mass of more than 500 kg; or
(b) if the hazardous chemical is a solid – an undivided quantity exceeding 500 kg.
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 means the person to whom a general construction induction training card is issued.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) 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
(b) in the case of high risk work – a notice of satisfactory assessment stating that the person to whom it is issued has successfully completed the specified VET course; or
(c) an equivalent statement or notice issued by a corresponding RTO.
certified safety management system , for Chapter 8, means a safety management system that complies with AS 4801:2001 (Occupational health and safety management systems), or an equivalent system determined by the regulator.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 asbestos removal work – Class A asbestos removal work or Class B asbestos removal work.
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.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.Class B asbestos removal work means work that is required to be licensed under regulation 487, but does not include Class A asbestos removal work.class label means a pictogram described in the ADG Code for a class, or division of a class, of dangerous goods.clearance certificate , see regulation 474.clearance inspection , see regulation 473.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 liquid means a flammable liquid with a flash point greater than 60ºC but not more than 93ºC.combustible substance means a substance that is combustible, and includes dust, fibres, fumes, mists or vapours produced by the substance.Examples for definition
combustible substances Wood, paper, oil, iron filings.
competency assessment , for Part 4.5, means an assessment in relation to the completion of a specified VET course to carry out a class of high risk work.competent person means:(a) for electrical work on energised electrical equipment or energised electrical installations (other than testing referred to in regulations 150 and 165) – a person who holds an electrical contractor’s licence or electrical worker’s licence under the
Electrical Workers and Contractors Act 1978 ;(b) for general diving work – see regulations 174 and 177;
(c) for a major inspection of a mobile crane or a tower crane under regulation 235 – see regulation 235;
(d) for inspection of amusement devices and passenger ropeways under regulation 241 – see regulation 241;
(e) for design verification under regulation 252 – a person who has the skills, qualifications, competence and experience to design the plant or verify the design;
(f) 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;
(g) for any other case – a person who has acquired through training, qualification or experience the knowledge and skills to carry out the task.
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 means an enclosed or partially enclosed space that:(a) is not designed or intended primarily to be occupied by a person; and
(b) is, or is designed or intended to be, at normal atmospheric pressure while any person is in the space; and
(c) is or is likely to be a risk to health and safety from:
(i) an atmosphere that does not have a safe oxygen level; or
(ii) contaminants, including airborne gases, vapours and dusts, that may cause injury from fire or explosion; or
(iii) harmful concentrations of any airborne contaminants; or
(iv) engulfment;
but does not include a mine shaft or the workings of a mine.
confined space entry permit means a confined space entry permit issued under regulation 67.construction project , see regulation 292.construction work , see 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 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.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 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:(a) an endless belt, rope or chain or other similar means; or
(b) buckets, trays or other containers or fittings moved by an endless belt, rope, chain or similar means; or
(c) a rotating screw; or
(d) a vibration or walking beam; or
(e) a powered roller conveyor if the rollers are driven by an endless belt, rope or chain or other similar means;
and 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 definition
correct classification Schedule 9, Part 1 sets out when a hazardous chemical is correctly classified.
crane means an appliance intended for raising or lowering a load and moving it horizontally including the supporting structure of the crane and its foundations, but does not include any of the following:(a) an industrial lift truck;
(b) earthmoving machinery;
(c) an amusement device;
(d) a tractor;
(e) an industrial robot;
(f) a conveyor;
(g) building maintenance equipment;
(h) a suspended scaffold;
(i) a lift.
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.
current risk management plan , for Chapter 10, see regulation 609.demolition work means work to demolish or dismantle a structure, or part of a structure that is load bearing or otherwise related to the physical integrity of the structure, but does not include:(a) the dismantling of formwork, falsework, or other structures designed or used to provide support, access or containment during construction work; or
(b) the removal of power, light or telecommunication poles.
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.determined major hazard facility means a facility that has been determined under regulation 541 or 542 to be a major hazard facility.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 , for Part 3.1, means a person referred to in regulation 32.EANx , for Part 4.8, means a mixture of oxygen and nitrogen in which the volume of oxygen is at least 22%.earthmoving machinery means operator controlled plant used to excavate, load, transport, compact or spread earth, overburden, rubble, spoil, aggregate or similar material, but does not include a tractor or industrial lift truck.electrical equipment , see regulation 144 (and regulation 148 for Part 4.7, Division 3).electrical installation , see 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 work , see regulation 146.electricity supply authority means:(a) Power and Water Corporation under the
Power and Water Corporation Act 1987 ; or(b) a person licensed under Part 3 of the
Electricity Reform Act 2000 to carry on operations in the electricity supply industry.
emergency service organisation means any of the following:(a) Northern Territory Emergency Service mentioned in section 52 of the
Emergency Management Act 2013 ;(b) Northern Territory Fire and Rescue Service under the
Fire and Emergency Act 1996 ;(c) Police Force of the Northern Territory under the
Police Administration Act 1978 .
emergency service worker means a member of an emergency service organisation.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 means a trench, tunnel or shaft, but does not include:(a) a mine; or
(b) a bore to which the
Water Act 1992 applies; or(c) 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.
exposure standard , except in Part 4.1, means an exposure standard in the Workplace Exposure Standard for Airborne Contaminants, published by Safe Work Australia, as in force or remade from time to time.exposure standard for noise , see regulation 56.external review means an external review under Part 11.1.extra‑low voltage means voltage that does not exceed 50 volts alternating current (50 V AC) or 120 volts ripple‑free direct current (120 V ripple‑free DC).facility , for Chapter 9, means a workplace at which Schedule 15 chemicals are present or likely to be present.fall arrest system means plant or material designed to arrest a fall.Example for definition
fall arrest system 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 , for Part 7.2, means a female other than a female who provides information stating that she is not of reproductive capacity.fire risk hazardous chemical means a hazardous chemical that:(a) is any of the following:
(i) a flammable gas;
(ii) a flammable liquid (hazard category 1 to 3);
(iii) a flammable solid;
(iv) a substance liable to spontaneous combustion;
(v) a substance which, in contact with water, emits flammable gases;
(vi) an oxidizing substance;
(vii) an organic peroxide; and
(b) burns readily or supports combustion.
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.flammable liquid means a flammable liquid within the meaning of the GHS that has a flash point of less than 93°C.flash point means the lowest temperature (corrected to a standard pressure of 101.3 kPA) at which the application of an ignition source causes the vapours of a liquid to ignite under specified test conditions.forklift truck , for Schedules 3 and 4, 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 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 one 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 3000 L 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 (under an agreement between the regulator and the RTO) for the specified VET course for general construction induction training.general construction induction training card means:(a) in Part 6.5, Division 2 – a general construction induction training card issued under that Division;
(b) in any other case – a general construction induction training card issued:
(i) under Part 6.5, Division 2 or under a corresponding WHS law; or
(ii) by an RTO under an agreement between the regulator and an RTO or a corresponding regulator and an RTO.
general diving work means work carried out in or under water while breathing compressed gas, and includes:(a) incidental diving work; and
(b) limited scientific diving work;
but 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.GHS means the Globally Harmonised System of Classification and Labelling of Chemicals, Seventh revised edition, published by the United Nations as modified under Schedule 6.Note for definition
GHS The Schedule 6 tables replace some tables in the GHS.
GHS 3 means the Globally Harmonised System of Classification and Labelling of Chemicals, Third revised edition, published by the United Nations as modified under Schedule 6.Note for definition
GHS 3 The Schedule 6 tables replace some tables in GHS 3.
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.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.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 one or more hazard classes in the GHS (including a classification referred to in Schedule 6), unless the only hazard class or classes for which the substance, mixture or article satisfies the criteria are any one 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 definition
hazardous chemicals 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 one 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 definition
hazardous manual task 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.
Hazchem Code means a Hazchem Code under the ADG Code, also known as an Emergency Action Code.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:(a) in Chapter 7 or 8 – because of exposure to certain substances; or
(b) in Chapter 10 – because of exposure to a mine site hazard.
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 definition
heritage boiler 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 , see regulation 291.high risk diving work means work:(a) carried out in or under water or any other liquid while breathing compressed gas; and
(b) involving one or more of the following:
(i) construction work;
(ii) work of the kind described in regulation 289(3)(d);
(iii) inspection work carried out in order to determine whether or not work described in subparagraph (i) or (ii) is necessary;
(iv) the recovery or salvage of a large structure or large item of plant for commercial purposes;
but 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.
Notes for definition
high risk diving work , paragraph (b)(i)1 Subparagraph (ii) includes some additional construction‑related activities.
2 For construction work generally, see Chapter 6. For the meaning of construction work, see regulation 289.
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.hoist means an appliance intended for raising or lowering a load or people, and includes an elevating work platform, a mast climbing work platform, personnel and materials hoist, scaffolding hoist and serial hoist, but 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
(b) involves limited diving.
Example for definition
incidental diving work , paragraph (a)Acting underwater is incidental to the business or undertaking of filming.
independent , in relation to clearance inspections and air monitoring under Chapter 8, means:(a) not involved in the removal of the asbestos; 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 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 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.inflatable device (continuously blown) means an amusement device that is an inflatable device that relies on a continuous supply of air pressure to maintain its shape.in situ asbestos means asbestos or ACM fixed or installed in a structure, equipment or plant, but does not include naturally occurring asbestos.intermediate bulk container (IBC ) has the same meaning as IBC has in the ADG Code.internal review means an 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.
lead means lead metal, lead alloys, inorganic lead compounds and lead salts of organic acids.lead process , see regulation 392.lead process area means a workplace or part of a workplace where a lead process is carried out.lead risk work , see regulation 394.licence holder means:(a) in the case of a high risk work licence – the person who is licensed to carry out the work; or
(b) in the case of an asbestos assessor licence – the person who is licensed:
(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
(c) in the case of an asbestos removal licence – the person conducting the business or undertaking to whom the licence is granted; or
(d) in the case of a major hazard facility licence – the operator of the major hazard facility to whom the licence is granted or transferred.
licensed asbestos assessor means a person who holds an asbestos assessor licence.licensed asbestos removalist means a person conducting a business or undertaking who is licensed under these Regulations 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 major hazard facility means a major hazard facility that is licensed under Part 9.7.lift 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 includes:(a) a chairlift and stairway lift; and
(b) any supporting structure, machinery, equipment, gear, lift well, enclosures and entrances.
limited diving means diving that does not involve any of the following:(a) diving to a depth below 30 m;
(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.
local authority , in relation to a facility, means the local government council for the local government council area in which the facility and the surrounding area are located.local community , in relation to a major hazard facility, means the community in the surrounding area.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.major hazard facility means a facility:(a) at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity; or
(b) that is determined by the regulator under Part 9.2 to be a major hazard facility.
major hazard facility licence means a licence granted under Part 9.7 in relation to a major hazard facility.major incident , see regulation 531.major incident hazard means a hazard that could cause, or contribute to causing, a major incident.manifest means a written summary of the hazardous chemicals used, handled or stored at a workplace.Note for definition
manifest See Schedule 12 (Manifest requirements) for what a manifest must contain.
manifest quantity , in relation to a Schedule 11 hazardous chemical, means the manifest quantity referred to in Schedule 11, table 11.1, column 5 for that hazardous chemical.manufacturer , in relation to plant, a substance or a structure, has the same meaning as it has in section 23 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.
membrane filter method means the membrane filter method described in the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres [NOHSC:3003 (2005)].mine operator , for Chapter 10, see regulation 610.mine site , for Chapter 10, see regulation 609.mine site hazard , for Chapter 10, see regulation 609.mining activity , for Chapter 10, see regulation 609.mining authorisation , for Chapter 10, see regulation 609.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.modification , in relation to a facility, see regulation 534.musculoskeletal disorder means an injury to, or disease of, the musculoskeletal system, whether occurring suddenly or over time, but 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.non‑friable asbestos means material containing asbestos that is not friable asbestos, including material containing asbestos fibres reinforced with a bonding compound.Note for definition
non‑friable asbestos Non‑friable asbestos may become friable asbestos through deterioration (see definition
friable asbestos ).non‑slewing mobile crane means a mobile crane incorporating a boom or jib that cannot be slewed, and includes:(a) an articulated mobile crane; or
(b) a locomotive crane;
but 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 , in relation to a facility or a proposed facility, see regulation 533.operator protective device , includes a roll‑over protective structure, falling object protective structure, operator restraining device and seatbelt.order‑picking forklift truck , for 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.packaged hazardous chemicals means Schedule 11 hazardous chemicals in a container with:(a) a capacity not exceeding 500 L; or
(b) a net mass not exceeding 500 kg.
passenger ropeway means a powered ropeway used for transporting, in a horizontal or inclined plane, passengers moved by a carrier that is:(a) attached to or supported by a moving rope; or
(b) attached to a moving rope but supported by a standing rope or other overhead structure;
including, in relation to the powered ropeway, the prime mover, any associated transmission machinery and any supporting structure and equipment, but does not include any of the following:
(c) a cog railway;
(d) a cable car running on rails;
(e) a flying fox or similar device;
(f) an elevating system for vehicles or boat style carriers associated with amusement devices.
Example for definition
passenger ropeway , paragraph (f)An elevating system for a log ride or boat flume ride.
person with management or control of plant at a workplace has the same meaning as it has in section 21 of the Act.person with management or control of a workplace has the same meaning as it has in section 20 of the Act.personal protective equipment means anything used or worn by a person to minimise risk to the person’s health and safety, including 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.
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.placard means a sign or notice:(a) displayed or intended for display in a prominent place, or next to a container or storage area for hazardous chemicals at a workplace; and
(b) that contains information about the hazardous chemical stored in the container or storage area.
placard quantity , in relation to a Schedule 11 hazardous chemical, means the placard quantity referred to in Schedule 11, table 11.1 column 4 for the Schedule 11 hazardous chemical.plant , for Parts 5.2 and 5.3, includes a structure.platform height , in relation to an inflatable device (continuously blown), means the height of the highest part of the device designed to support persons using it (theplatform ), as measured from the surface supporting the device to the top surface of the platform when the device is inflated but unloaded.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 one 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) any piping that is regulated under the
Energy Pipelines Act 1981 .
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.
primary emergency service organisation means the Police Force of the Northern Territory under thePolice Administration Act 1978 .principal contractor , in relation to a construction project, see 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.
proposed facility means:(a) an existing workplace that is to become a facility due to the introduction of Schedule 15 chemicals; or
(b) a facility that is being designed or constructed.
proposed major hazard facility means:(a) an existing facility or other workplace that is to become a major hazard facility due to the introduction of Schedule 15 chemicals or the addition of further Schedule 15 chemicals; or
(b) a major hazard facility that is being designed or constructed.
quantity , for 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 not a liquid and is in bulk and not in a container – the undivided mass in kilograms; and
(e) 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.
reach stacker means a powered reach stacker that incorporates an attachment for lifting and lowering a shipping container.reciprocating steam engine means equipment that is driven by steam acting on a piston causing the piston to move, and includes an expanding (steam) reciprocating engine.registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student).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 (Cth).related activity , for Chapter 10, see regulation 609.relevant fee , in relation to a matter, means the fee specified in Schedule 2 for that matter.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 µm wide; and
(b) more than 5 µm 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.
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.
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.Safe Work Australia means Safe Work Australia as established under section 5 of theSafe Work Australia Act 2008 (Cth).safe work method statement means:(a) in relation to electrical work on energised electrical equipment – a safe work method statement prepared under regulation 161;
(b) in relation to high risk construction work – a safe work method statement referred to in regulation 299 (as revised under regulation 302).
safety data sheet means a safety data sheet prepared under regulation 330 or 331.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 m from the platform or the structure.Schedule 11 hazardous chemical means a hazardous chemical or combination of hazardous chemicals specified in Schedule 11, table 11.1.Schedule 15 chemical means a hazardous chemical that:(a) is specified in Schedule 15, table 15.1; or
(b) belongs to a class, type or category of hazardous chemicals specified in Schedule 15, table 15.2.
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.slewing mobile crane means a mobile crane incorporating a boom or jib that can be slewed, but does not include:(a) a front end loader; or
(b) a backhoe; or
(c) an excavator; or
(d) other earth moving equipment;
when configured for crane operation.
slinging techniques means the exercising of judgement 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.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.
steam turbine means equipment that is driven by steam acting on a turbine or rotor to cause a rotary motion.structure , for Chapter 6, see regulation 290.substance , for 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 same meaning as it has in section 25 of the Act.surrounding area , in relation to a facility, means the area surrounding the facility in which the health and safety of persons could potentially be adversely affected by a major incident occurring.suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use.technical name , in the definitionchemical 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.
the Act means theWork Health and Safety (National Uniform Legislation) Act 2011 .theatrical performance means acting, singing, playing a musical instrument, dancing or otherwise performing literary or artistic works or expressions of traditional custom or folklore.threshold quantity , in relation to a Schedule 15 chemical, means:(a) the threshold quantity of a specific hazardous chemical as determined under Schedule 15, clause 3; or
(b) the aggregate threshold quantity of 2 or more hazardous chemicals as determined under Schedule 15, clause 4.
tower crane means:(a) a crane that has a boom or a jib mounted on a tower structure; and
(b) in Schedule 3:
(i) the crane, if a jib crane, may be a horizontal or luffing jib type; and
(ii) the tower structure may be demountable or permanent,
but does not include a self-erecting tower crane.
tractor 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 does not include earthmoving machinery.transitional period , see regulation 394A.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.
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 same meaning as it has in theNational Vocational Education and Training Regulator Act 2011 (Cth).WHS management plan , in relation to a construction project, means a management plan prepared or revised under Part 6.4.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.(2) Unless the context otherwise requires:
(a) a reference in these Regulations to a Chapter by a number must be construed as reference to the Chapter, designated by that number, of these Regulations; and
(b) a reference in these Regulations to a Part by a number must be construed as reference to the Part, designated by that number, of these Regulations.
6 Determination of safety management system The regulator may make a determination for the purposes of the definition
certified safety management system .
(1) For section 4 of the Act, definition
corresponding WHS law , the following laws are prescribed to be corresponding WHS laws:(a) Work Health and Safety Act 2011 (ACT);(b) Work Health and Safety Act 2011 (Cth);(c) Work Health and Safety Act 2011 (NSW);(d) Work Health and Safety Act 2011 (Qld);(e) Work Health and Safety Act 2012 (SA);(f) Work Health and Safety Act 2012 (Tas).
(2) For section 4 of the Act, definition
corresponding WHS law , the following laws are prescribed to be corresponding WHS laws in relation to Parts 4.5, 5.3 and 8.10 and regulation 318:(a) Occupational Health and Safety Act 2004 (Vic);(b) Occupational Health and Safety Act 1984 (WA).
7 Meaning of (1) For the purposes of section 5(6) of the Act, a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises.
(2) Subregulation (1) does not apply if the strata title body corporate engages any worker as an employee.
(3) 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 one 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.
(4) In this regulation:
strata title body corporate means:(a) a body corporate under the
Unit Title Schemes Act 2009 ; or(b) a building management corporation under the
Unit Titles Act 1975 .
8 Meaning of 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 regulation 8
1 An auctioneer who auctions a thing without having possession of the thing.
2 A real estate agent acting in his or her 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 (NUL) 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 is to be performed in relation to the matters and to the extent set out in the regulation provision.
Note for regulation 9
A failure to comply with a duty or obligation under a section of the Act referred to in a "WHS (NUL) Act" note is an offence to which a penalty applies.
(1) The following provisions of the Act are excluded from the operation of Schedule 1 to the Act:
(a) Part 5, Divisions 2 to 8;
(b) Part 6;
(c) Part 7.
(2) For the purposes of Schedule 1 of the Act, clause 6, definition
dangerous goods , the goods listed in table 328 in regulation 328 are prescribed to be dangerous goods for Schedule 1 of the Act if the quantity of the goods at a place is more than the relevant threshold quantity listed in that table.
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.
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.
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.
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.
(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.
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 regulation 16
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 one or more workplaces (Part 5, Division 3, Subdivision 3 of the Act).
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.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for regulation 19
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
(1) For the purposes of section 72(1) of the Act, a health and safety representative is entitled 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 entitlement to the first refresher training commencing 1 year after the initial training.
(1A) An application for approval of a course of training must:
(a) be made in the manner and form required by the regulator; and
(b) be accompanied by the relevant fee.
(2) In approving a course of training in work health and safety for the purposes of section 72(1) of the Act, the regulator 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 regulation 21
1 This regulation prescribes courses of training to which a health and safety representative is entitled. 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 1978 the power to approve a course of training includes a power to revoke or vary the approval.
Part 2.2 Issue resolution
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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) 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 subregulation (6)
Under the Act, parties to an issue include not only a person conducting a business or undertaking, a worker and a health and safety representative, 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, to 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 one 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.
(1) The prescribed training for the purposes of sections 131 and 133 of the Act is training, that is provided or approved by the regulator, in relation to the following:
(a) the right of entry requirements under Part 7 of the Act;
(b) the issue resolution requirements under the Act and these Regulations;
(c) the duties under, and the framework of, the Act and these Regulations;
(d) the requirements for the management of risks under section 17 of the Act;
(e) the definition
reasonably practicable as set out in section 18 of the Act;(f) the relationship between the Act and these Regulations and the Fair Work Act
.
(2) The training must include providing the participant with information about the availability of any guidance material published by the regulator in relation to the Act and these Regulations.
(3) For the purpose of approving training, the regulator 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 WHS permit holder; and
(b) the qualifications, knowledge and experience of the person who is to provide the training.
Note for regulation 25
Under the Interpretation Act 1978 the power to approve training includes a power to revoke or vary the approval.
A WHS entry permit must include the following:
(a) the section of the Act under which the WHS entry permit is issued;
(b) the full name of the WHS entry permit holder;
(c) the name of the union that the WHS entry permit holder represents;
(d) a statement that the WHS entry permit holder is entitled, while the WHS entry permit is in force, to exercise the rights given to the WHS entry permit holder under the Act;
(e) the date of issue of the WHS entry permit;
(f) the expiry date for the WHS entry permit;
(g) the signature of the WHS entry permit holder;
(h) any conditions on the WHS entry permit.
A notice of entry under Part 7 of the Act must:
(a) be written; and
(b) include the following:
(i) the full name of the WHS entry permit holder;
(ii) the name of the union that the WHS entry permit holder represents;
(iii) the section of the Act under which the WHS entry permit holder is entering or proposing to enter the workplace;
(iv) the name and address of the workplace entered or proposed to be entered;
(v) the date of entry or proposed entry;
(vi) the additional information and other matters required under regulation 28, 29 or 30 (as applicable).
28 Additional requirements – entry under section 117
A notice of entry under section 119 of the Act in relation to an entry under section 117 must also include the following:
(a) so far as is practicable, the particulars of the suspected contravention to which the notice relates;
(b) a declaration stating:
(i) that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace entered and is a member, or eligible to be a member, of that union; and
(ii) the provision in the union’s rules that entitles the union to represent the industrial interests of that worker; and
(iii) that the suspected contravention relates to, or affects, that worker.
Note for regulation 28
Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.
A notice of entry under section 120 of the Act in relation to an entry under that section must also include the following:
(a) so far as is practicable, the particulars of the suspected contravention to which the notice relates;
(b) a description of the employee records and other documents, or of the classes of records and documents, directly relevant to the suspected contravention, that are proposed to be inspected;
(c) a declaration stating:
(i) that the union is entitled to represent the industrial interests of a worker who is a member, or eligible to be a member, of that union; and
(ii) the provision in the union’s rules that entitles the union to represent the industrial interests of that worker; and
(iii) that the suspected contravention relates to, or affects, that worker; and
(iv) that the records and documents proposed to be inspected relate to that contravention.
Note for regulation 29
Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.
A notice of entry under section 122 of the Act in relation to an entry under section 121 must also include a declaration stating:
(a) that the union is entitled to represent the industrial interests of a worker who carries out work at the workplace proposed to be entered and is a member, or eligible to be a member, of that union; and
(b) the provision in the union’s rules that entitles the union to represent the industrial interests of that worker.
Note for regulation 30
Section 130 of the Act provides that a WHS entry permit holder is not required to disclose the name of any worker to the person conducting the business or undertaking, and may do so only with the consent of the worker.
For the purposes of section 151 of the Act, the regulator must publish on its website:
(a) an up‑to‑date register of WHS entry permit holders; and
(b) the date on which the register was last updated.
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 regulation 33
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 one 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 regulation 36
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;
(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).
Examples for subregulation (2)(a)
1 The results of monitoring show that the control measure does not control the risk.
2 A notifiable incident occurs because of the risk.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 40
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Division 3 First aid
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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
(1) A person conducting a business or undertaking at a workplace must ensure that an emergency plan is prepared for the workplace, 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 treatment and assistance; and
(v) effective communication between the person authorised by the person conducting the business or undertaking to coordinate the emergency response and all persons at the workplace;
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) A person conducting a business or undertaking at a workplace must maintain the emergency plan for the workplace so that it remains effective.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) For the purposes of subregulations (1) and (2), 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.
(4) A person conducting a business or undertaking at a workplace must implement the emergency plan for the workplace in the event of an emergency.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) This regulation applies if personal protective equipment is to 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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Example for subregulation (2)
Equipment that has been provided by a labour hire company.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 is to 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 the:
(a) proper use and wearing of personal protective equipment; and
(b) the storage and maintenance of personal protective equipment.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
Note for regulation 44
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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 45
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) The worker must not intentionally misuse or damage the equipment.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
(3A) Section 12B of the Act does not apply to an offence against subregulation (2).
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for regulation 47
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 subregulation (1)
WHS (NUL) 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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) In this regulation:
assistance includes rescue, medical assistance and the attendance of emergency service workers.remote or isolated work , in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.
A person conducting a business or undertaking at a workplace must ensure that no person at the workplace is exposed to a substance or mixture in an airborne concentration that exceeds the exposure standard for the substance or mixture.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 49
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) A person conducting a business or undertaking at a workplace must ensure that air monitoring is carried out to determine the airborne concentration of a substance or mixture at the workplace to which an exposure standard applies if:
(a) the person is not certain on reasonable grounds whether or not the airborne concentration of the substance or mixture at the workplace exceeds the relevant exposure standard; or
(b) monitoring is necessary to determine whether there is a risk to health.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) A person conducting a business or undertaking at a workplace 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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) A person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subregulation (1) are readily accessible to persons at the workplace who may be exposed to the substance or mixture.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 subregulation (1)
WHS (NUL) Act – section 19 (see regulation 9).
(2) 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.
52 Ignition sources (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 at the workplace, in accordance with Part 3.1.
Note for subregulation (1)
WHS (NUL) 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.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) In this regulation:
flammable or combustible substances include:(a) flammable and combustible liquids, including waste liquids, in containers, whether empty or full; and
(b) gas cylinders, whether empty or full.
Division 10 Falling objects
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 regulation 54
WHS (NUL) 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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 subregulation (3)
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.
Chapter 4 Hazardous work
(1) In these Regulations:
exposure standard for noise , in relation to a person, means:(a) LAeq,8h of 85 dB(A); or
(b) LC,peak of 140 dB(C).
(2) In this regulation:
L Aeq,8h means the eight‑hour equivalent continuous A‑weighted sound pressure level in decibels (dB(A)) referenced to 20 µPa, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management – Measurement and assessment of noise immission and exposure).L C,peak means the C‑weighted peak sound pressure level in decibels (dB(C)) referenced to 20 µPa, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management – Measurement and assessment of noise immission and exposure).
(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 subregulation (1)
WHS (NUL) Act – section 19 (see regulation 9).
(2) A person conducting a business or undertaking at a workplace must ensure that the noise that a worker is exposed to at the workplace does not exceed the exposure standard for noise.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) In this regulation:
audiometric testing means the testing and measurement of the hearing threshold levels of each ear of a person by means of pure tone air conduction threshold tests.
(1) A designer of plant must ensure that the plant is designed so that its noise emission is as low as is reasonably practicable.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) A manufacturer of plant must ensure that the plant is manufactured so that its noise emission is as low as is reasonably practicable.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (5)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (6)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 subregulation (1)
WHS (NUL) 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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (5)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (6)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (7)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (8)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 65
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 subregulation (1)
WHS (NUL) 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).
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) The person must ensure that a risk assessment conducted under subregulation (2) is recorded in writing.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (5)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 69
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) In this regulation:
purging means the method used to displace any contaminant from a confined space.Notes for regulation 71
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.
72 Specific control – flammable gases and vapours (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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 73
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
Note for regulation 74
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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
Note for regulation 75
Regulation 44 applies to the use of personal protective equipment, including the equipment provided under this regulation.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) The person must ensure that a record of all training provided to a worker under this regulation is kept for 2 years.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) In subregulation (1):
relevant worker means:(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).
77 Confined space entry permit and risk assessment must be kept (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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (5)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 subregulation (1)
WHS (NUL) 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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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).
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(5) In this regulation:
solid construction means an area that has:(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.
79 Specific requirements to minimise risk of fall (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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Examples for subregulation (3)
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.
Note for subregulation (3)
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.
(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 subregulation (4)
Regulation 36 applies to the management of risk in relation to this work.
(5) In this regulation:
fall prevention device includes:(a) a secure fence; and
(b) edge protection; and
(c) working platforms; and
(d) covers.
Note for regulation 79
See regulation 5(1) for definitions
fall arrest system andwork positioning system .
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) The person must ensure that the emergency procedures are tested so that they are effective.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(4) The person must provide relevant workers with suitable and adequate information, training and instruction in relation to the emergency procedures.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(5) In this regulation:
relevant worker means:(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.
Part 4.5 High risk work
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 regulation 81
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 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 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 subregulation (4)
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.
(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).
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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) In this regulation:
direct supervision of a person means the oversight by the supervising person of the work of that person for the purposes of:(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.
85 Evidence of licence – duty of person conducting business or undertaking (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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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).
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 section 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).
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (2A)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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; or
(b) under subregulation (3) – for at least 1 year after the last occasion on which the worker performs the supervision work.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
Only a person who holds a qualification set out in Schedule 4 may apply for a high risk work licence.
(1) An application for a high risk work licence must be made in the manner and form required by the regulator.
(2) The application must include the following information:
(a) the applicant’s name and residential address;
(b) a photograph of the applicant in the form required by the regulator;
(c) evidence of the applicant’s age;
(d) any other evidence of the applicant’s identity required by the regulator;
(e) the class of high risk work licence to which the application relates;
(f) a copy of a certification:
(i) that is held by the applicant in relation to the specified VET course or each of the specified VET courses, for the high risk work licence applied for; and
(ii) that was issued not more than 60 days before the application is made;
(g) a declaration that the applicant does not hold an equivalent licence under a corresponding WHS law;
(h) a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or these Regulations or under any corresponding WHS law;
(i) details of any conviction or finding of guilt declared under paragraph (h);
(j) a declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law;
(k) details of any enforceable undertaking declared under paragraph (j);
(l) if the applicant has previously been refused an equivalent licence under a corresponding WHS law, a declaration giving details of that refusal;
(m) if the applicant has previously held an equivalent licence under a corresponding WHS law, a declaration:
(i) describing any condition imposed on that licence; and
(ii) stating whether or not that licence had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any licence; and
(iii) giving details of any suspension, cancellation or disqualification.
Note for subregulation (2)
See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.
(3) The application must be accompanied by the relevant fee.
(1) If an application for a high risk work licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the applicant to provide additional information.
(2) A request for additional information must:
(a) specify the date (not being less than 28 days after the request) by which the additional information is to be given; and
(b) be confirmed in writing.
(3) If an applicant does not provide the additional information by the date specified, the application is to be taken to have been withdrawn.
(4) The regulator may make more than 1 request for additional information under this regulation.
(1) Subject to subregulation (3), the regulator must grant a high risk work licence if satisfied about the matters referred to in subregulation (2).
(2) The regulator must be satisfied about the following:
(a) the application has been made in accordance with these Regulations;
(b) the applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal;
(c) the applicant:
(i) resides in the Territory; or
(ii) resides outside the Territory and circumstances exist that justify the grant of the licence;
(d) the applicant is at least 18 years of age;
(e) the applicant has provided the certification required under regulation 87(2)(f);
(f) the applicant is able to carry out the work to which the licence relates safely and competently.
(3) The regulator must refuse to grant a high risk work licence if satisfied that:
(a) the applicant is disqualified under a corresponding WHS law from holding an equivalent licence; or
(b) the applicant, in making the application, has:
(i) given information that is false or misleading in a material particular; or
(ii) failed to give any material information that should have been given.
(4) If the regulator decides to grant the licence, it must notify the applicant within 14 days after making the decision.
(5) If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 88, the regulator is taken to have refused to grant the licence applied for.
Note for regulation 89
A refusal to grant a high risk work licence (including under subregulation (5)) is a reviewable decision (see regulation 676).
For the purposes of regulation 89(2)(f), the regulator must have regard to all relevant matters, including the following:
(a) any offence under the Act or these Regulations or under a corresponding WHS law of which the applicant has been convicted or found guilty;
(b) in relation to any equivalent licence applied for or held by the applicant under the Act or these Regulations or under a corresponding WHS law:
(i) any refusal to grant the licence; and
(ii) any condition imposed on the licence, if granted; and
(iii) any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;
(c) any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law;
(d) the applicant’s record in relation to any matters arising under the Act or these Regulations or under a corresponding WHS law.
(1) If the regulator proposes to refuse to grant a licence, the regulator must give a written notice to the applicant:
(a) informing the applicant of the reasons for the proposed refusal; and
(b) advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.
(2) After the date specified in a notice under subregulation (1), the regulator must:
(a) if the applicant has made a submission in relation to the proposed refusal to grant the licence – consider that submission; and
(b) whether or not the applicant has made a submission – decide whether to grant or refuse to grant the licence; and
(c) within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.
Note for regulation 91
A decision to refuse to grant a licence is a reviewable decision (see regulation 676).
91A Conditions of licence (1) The regulator may impose any conditions it considers appropriate on a high risk work licence.
(2) Without limiting subregulation (1), the regulator may impose conditions in relation to one or more of the following:
(a) control measures that must be implemented in relation to the carrying out of work or activities under the licence;
(b) the circumstances in which work or activities authorised by the licence may be carried out.
(3) The regulator must give the licence holder written notice of any conditions imposed on the licence.
Notes for regulation 91A
1 A person must comply with the conditions of a licence (see section 45 of the Act).
2 A decision to impose a condition on a licence is a reviewable decision (see regulation 676).
92 Duration of licence Subject to this Division, a high risk work licence takes effect on the day it is granted and, unless cancelled earlier, expires 5 years after that day.
(1) If the regulator grants a high risk work licence, the regulator must issue to the applicant a licence document in the form determined by the regulator.
(2) The licence document must include the following:
(a) the name of the licence holder;
(b) a photograph of the licence holder;
(c) the date of birth of the licence holder;
(d) a copy of the signature of the licence holder or provision for the inclusion of a copy signature;
(e) the class of high risk work licence and a description of the work within the scope of the licence;
(f) the date on which the licence was granted;
(g) the expiry date of the licence.
(3) For the purposes of subregulation (2)(e), if the regulator grants more than 1 class of high risk work licence to a person, the licence document must contain a description of each class of licence and the work that is within the scope of each licence.
(4) If a licence holder holds more than 1 high risk work licence, the regulator may issue to the licence holder 1 licence document in relation to some or all those licences.
(5) Despite regulation 92, if a licence document is issued under subregulation (4), the licences to which that licence document related expire on the date that the first of those licences expires.
(1) A licence holder must keep the licence document available for inspection under the Act.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 regulation 97; or
(b) the licence holder has applied for, but has not received, a replacement licence document under regulation 98.
95 Reassessment of competency of licence holder The regulator may direct a licence holder to obtain a reassessment of the competency of the licence holder to carry out the high risk work covered by the licence if the regulator reasonably believes that the licence holder may not be competent to carry out that work.
Examples for regulation 95
1 The training or competency assessment of the licence holder did not meet the standard required to hold the licence.
2 The regulator receives information that the licence holder has carried out high risk work incompetently.
Subdivision 3 Amendment of licence document
The licence holder of a high risk work licence must notify the regulator of a change of residential address, within 14 days of the change occurring.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for regulation 96
Strict liability applies to each physical element of this offence. See section 12B of the Act.
If a high risk work licence is amended, the licence holder must return the licence document to the regulator for amendment at the written request of the regulator and within the time specified in the request.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for regulation 97
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) A licence holder must notify the regulator as soon as practicable if the licence document is lost, stolen or destroyed.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) If a licence document is lost, stolen or destroyed, the licence holder may apply to the regulator for a replacement document.
Note for subregulation (2)
A licence holder is required to keep the licence document available for inspection (see regulation 94).
(3) An application for a replacement licence document must be made in the manner and form required by the regulator.
(4) The application must:
(a) include a declaration describing the circumstances in which the original document was lost, stolen or destroyed; and
(b) be accompanied by the relevant fee.
Note for subregulation (4)(a)
See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.
(5) The regulator must issue a replacement licence document if satisfied that the original document was lost, stolen or destroyed.
(6) If the regulator refuses to issue a replacement licence document, it must give the licence holder written notice of this decision, including the reasons for the decision, within 14 days after making the decision.
Note for regulation 98
A decision to refuse to replace a licence is a reviewable decision (see regulation 676).
(1) A licence holder may voluntarily surrender the licence document to the regulator.
(2) The licence expires on the surrender of the licence document.
The regulator may renew a high risk work licence on application by the licence holder.
(1) An application for renewal of a high risk work licence must be made in the manner and form required by the regulator.
(2) The application must include the following information:
(a) the name and residential address of the applicant;
(b) if required by the regulator, a photograph of the applicant in the form required by the regulator;
(c) any other evidence of the applicant’s identity required by the regulator;
(d) a declaration by the applicant that he or she has maintained his or her competency to carry out the high risk work, including by obtaining any reassessment directed under regulation 95.
Note for subregulation (2)
See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.
(3) The application must be accompanied by the relevant fee.
(4) The application must be made before the expiry of the licence.
If a licence holder applies under regulation 101 for the renewal of a high risk work licence, the licence is taken to continue in force from the day it would, apart from this regulation, have expired until the licence holder is given notice of the decision on the application.
A person whose high risk work licence has expired may apply for a renewal of that licence:
(a) within 12 months after the expiry of the licence; or
(b) if the person satisfies the regulator that exceptional circumstances exist – within any longer period that the regulator allows.
Notes for regulation 103
1 As the licence has expired, the applicant cannot carry out the work covered by the licence until the licence is renewed. An application made after a period referred to in paragraph (a) or (b) would be an application for a new licence under regulation 87.
2 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.
(1) For the purposes of this Subdivision:
(a) regulation 88 applies as if a reference in that regulation to an application for a licence were a reference to an application to renew a licence; and
(b) regulations 89 (except subregulation (5)), 90, 91A and 92 apply as if a reference in those regulations to the grant of a licence were a reference to the renewal of a licence; and
(c) regulation 91 applies as if a reference in that regulation to a refusal to grant a licence were a reference to a refusal to renew a licence.
(2) The regulator may renew a high risk work licence granted to a person under a corresponding WHS law unless that licence is renewed under that law.
Note for regulation 104
A refusal to renew a licence is a reviewable decision (see regulation 676).
(1) This regulation applies if the regulator gives a licence holder written notice of its decision to refuse to renew the licence.
(2) If the licence holder does not apply for internal review of the decision, the licence continues to have effect until the last of the following events:
(a) the expiry of the licence;
(b) the end of the period for applying for an internal review.
(3) If the licence holder applies for an internal review of the decision, the licence continues to have effect until the earlier of the following events:
(a) the licence holder withdraws the application for review;
(b) the regulator makes a decision on the review.
(4) If the licence holder does not apply for an external review, the licence continues to have effect until the end of the time for applying for an external review.
(5) If the licence holder applies for an external review, the licence continues to have effect until the earlier of the following events:
(a) the licence holder withdraws the application for review;
(b) the Work Health Court makes a decision on the review.
(6) The licence continues to have effect under this regulation even if its expiry date passes.
(1) The regulator may suspend or cancel a high risk work licence if satisfied about one or more of the following:
(a) the licence holder has failed to take reasonable care to carry out the high risk work safely and competently;
(ab) the licence holder has failed to comply with a condition of the licence;
(b) the licence holder has failed to obtain a reassessment of competency directed under regulation 95;
(c) the licence holder, in the application for the grant or renewal of the licence or on request by the regulator for additional information:
(i) gave information that was false or misleading in a material particular; or
(ii) failed to give any material information that should have been given in that application or on that request;
(d) the licence was granted or renewed on the basis of a certification that was obtained on the basis of the giving of false or misleading information by any person or body or that was obtained improperly through a breach of a condition of accreditation by the accredited assessor who conducted the competency assessment.
(2) If the regulator suspends or cancels a licence, the regulator may disqualify the licence holder from applying for:
(a) a further high risk work licence of the same class; or
(b) another licence under these Regulations to carry out work which requires skills that are the same as or similar to those required for the work authorised by the licence that has been suspended or cancelled.
(3) If the regulator suspends a licence, the regulator may vary the conditions of the licence, including by imposing different or additional conditions.
(4) A variation of conditions under subregulation (3) takes effect when the suspension of the licence ends.
Notes for regulation 106
1 A decision to suspend a licence, to cancel a licence or to disqualify the licence holder from applying for a further licence is a reviewable decision (see regulation 676).
2 A variation of licence conditions is a reviewable decision (see regulation 676).
107 Matters taken into account (1)
In making a decision under regulation 106, the regulator must have regard to:
(a) any submissions made by the licence holder under regulation 108; and
(b) any advice received from a corresponding regulator.
(2) For the purposes of regulation 106(1)(a), the regulator must have regard to all relevant matters, including the following:
(a) any offence under the Act or these Regulations or under a corresponding WHS law, of which the licence holder has been convicted or found guilty;
(b) in relation to any equivalent licence applied for or held by the licence holder under the Act or these Regulations or under a corresponding WHS law:
(i) any refusal to grant the licence; and
(ii) any condition imposed on the licence, if granted; and
(iii) any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;
(c) any enforceable undertaking the licence holder has entered into under the Act or a corresponding WHS law;
(d) the licence holder’s record in relation to any matters arising under the Act or these Regulations or under a corresponding WHS law.
108 Notice to and submissions by licence holder (1) Before suspending or cancelling a high risk work licence, the regulator must give the licence holder a written notice of:
(a) the proposed suspension or cancellation; and
(b) any proposed disqualification; and
(c) any proposed variation of licence conditions.
(2) A notice under subregulation (1) must:
(a) outline all relevant allegations, facts and circumstances known to the regulator; and
(b) advise the licence holder that the licence holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation, any proposed disqualification and any proposed variation of licence conditions.
109 Notice of decision (1) The regulator must give the licence holder written notice of a decision under regulation 106 to suspend or cancel a high risk work licence within 14 days after making the decision.
(2) The notice must:
(a) state that the licence is to be suspended or cancelled; and
(b) if the licence is to be suspended, state:
(i) when the suspension begins and ends; and
(ii) the reasons for the suspension; and
(iii) whether the licence holder is required to undergo retraining or reassessment or take any other action before the suspension ends; and
(iv) whether or not the licence holder is disqualified from applying for a further licence during the suspension; and
(v) if licence conditions are to be varied – the variation; and
(vi) if licence conditions are to be varied – that the variation will take effect when the suspension ends; and
(c) if the licence is to be cancelled, state:
(i) when the cancellation takes effect; and
(ii) the reasons for the cancellation; and
(iii) whether or not the licence holder is disqualified from applying for a further licence; and
(d) if the licence holder is to be disqualified from applying for a further licence, state:
(i) when the disqualification begins and ends; and
(ii) the reasons for the disqualification; and
(iii) whether or not the licence holder is required to undergo retraining or reassessment or take any other action before the disqualification ends; and
(iv) any other class of high risk work licence or other licence under these Regulations the licence holder is disqualified from applying for during the period of suspension or disqualification; and
(e) state when the licence document must be returned to the regulator.
110 Immediate suspension (1) The regulator may suspend a high risk work licence on a ground referred to in regulation 106 without giving notice under regulation 108 if satisfied that:
(a) work carried out under the high risk work licence should cease because the work may involve an imminent serious risk to the health or safety of any person; or
(b) a corresponding regulator has suspended an equivalent licence held by the licence holder under this regulation as applying in the corresponding jurisdiction.
(2) If the regulator decides to suspend a licence under this regulation:
(a) the regulator must give the licence holder written notice of the suspension and the reasons for the suspension; and
(b) the suspension of the licence takes effect on the giving of the notice.
(3) The regulator must then:
(a) give notice under regulation 108 within 14 days after giving the notice under subregulation (2); and
(b) make its decision under regulation 106.
(4) If the regulator does not give notice under subregulation (3), the suspension ends at the end of the 14 day period.
(5) If the regulator gives notice under subregulation (3), the licence remains suspended until the decision is made under regulation 106.
A licence holder, on receiving a notice under regulation 109, must return the licence document to the regulator in accordance with the notice.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for regulation 111
Strict liability applies to each physical element of this offence. See section 12B of the Act.
When the period of suspension of a licence ends, the regulator must return the licence document to the licence holder within 14 days after the licence suspension ends.
A person who is not an accredited assessor must not:
(a) conduct a competency assessment; or
(b) issue a notice of satisfactory assessment; or
(c) in any other way hold himself or herself out to be an accredited assessor.
Note for regulation 113
See section 43 of the Act.
(1) An accredited assessor must not conduct a competency assessment unless:
(a) the competency assessment relates to a class of high risk work for which the assessor is accredited; and
(b) the accredited assessor conducts the competency assessment for or on behalf of an RTO.
(2) An accredited assessor must not issue a notice of satisfactory assessment unless the competency assessment relates to a class of high risk work for which the assessor is accredited.
(3) An accredited assessor who conducts a competency assessment must do so in accordance with the conditions of accreditation imposed under regulation 121.
(4) An accredited assessor who issues a notice of satisfactory assessment must do so in accordance with any conditions of accreditation imposed under regulation 121.
(5) Subregulations (1) to (4) do not apply if the regulator is the accredited assessor.
Note for regulation 114
See section 43 of the Act.
The regulator may, under this Division, accredit persons to conduct assessments.
(1) An application for accreditation must be made in the manner and form required by the regulator.
(2) The application must include the following information:
(a) the name and residential address of the applicant;
(b) any other evidence of the applicant’s identity required by the regulator;
(c) details of the class of high risk work to which the application relates;
(d) evidence that the applicant is qualified to conduct the type of competency assessment in relation to the class of high risk work to which the application relates;
(e) details of any current equivalent accreditation under a corresponding WHS law;
(f) a declaration as to whether or not the applicant has ever been convicted or found guilty of any offence under the Act or these Regulations or under any corresponding WHS law;
(g) details of any conviction or finding of guilt declared under paragraph (f);
(h) a declaration as to whether or not the applicant has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law;
(i) details of any enforceable undertaking declared under paragraph (h);
(j) if the applicant has previously been refused an equivalent accreditation under a corresponding WHS law, a declaration giving details of that refusal;
(k) if the applicant has previously held an equivalent accreditation under a corresponding WHS law, a declaration:
(i) describing any condition imposed on that accreditation; and
(ii) stating whether or not that accreditation had been suspended or cancelled and, if so, whether or not the applicant had been disqualified from applying for any accreditation; and
(iii) giving details of any suspension, cancellation or disqualification.
Note for subregulation (2)
See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.
(3) The application must be accompanied by the relevant fee.
(1) If an application for accreditation does not contain sufficient information to enable the regulator to make a decision whether or not to grant the accreditation, the regulator may ask the applicant to provide additional information.
(2) A request for additional information must:
(a) specify the date (being not less than 28 days after the request) by which the additional information is to be given; and
(b) be confirmed in writing.
(3) If an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn.
(4) The regulator may make more than 1 request for additional information under this regulation.
(1) Subject to subregulation (3), the regulator must grant an accreditation if satisfied about the matters referred to in subregulation (2).
(2) The regulator must be satisfied that:
(a) the applicant:
(i) is qualified to conduct the competency assessment to which the application relates; and
(ii) is able to conduct the competency assessment to which the application relates competently; and
(iii) is able to ensure compliance with any conditions that will apply to the accreditation; or
(b) the applicant holds a current equivalent accreditation under a corresponding WHS law.
(3) The regulator must refuse to grant an accreditation if satisfied that:
(a) the applicant is disqualified under a corresponding WHS law from holding an equivalent accreditation; or
(b) the applicant, in making the application, has:
(i) given information that is false or misleading in a material particular; or
(ii) failed to give any material information that should have been given.
(4) If the regulator decides to grant the accreditation, it must notify the applicant within 14 days after making the decision.
(5) If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 117, the regulator is taken to have refused to grant the accreditation applied for.
(6) For the purposes of subregulation (2)(a)(i), an applicant is
qualified to provide the competency assessment if:(a) the applicant’s competencies, skills and knowledge are in accordance with the
Standards for NVR Registered Training Organisations 2011 published by the Commonwealth; and(b) the applicant holds a current high risk work licence for the class of high risk work to which the competency assessment relates.
Note for regulation 118
A refusal to grant accreditation (including a refusal under subregulation (5)) is a reviewable decision (see regulation 676).
For the purposes of regulation 118(2)(a)(ii) and (iii), the regulator must have regard to all relevant matters, including the following:
(a) any offence under the Act or these Regulations or under a corresponding WHS law of which the applicant has been convicted or found guilty;
(b) any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law;
(c) in relation to any equivalent accreditation applied for or held by the applicant under the Act or these Regulations or under a corresponding WHS law:
(i) any refusal to grant the accreditation; and
(ii) any condition imposed on the accreditation, if granted; and
(iii) any suspension or cancellation of the accreditation, if granted, including any disqualification from applying for any accreditation;
(d) the applicant’s record in relation to any matters arising under the Act or these Regulations or under a corresponding WHS law.
(1) If the regulator proposes to refuse to grant an accreditation, the regulator must give the applicant a written notice:
(a) informing the applicant of the reasons for the proposed refusal; and
(b) advising the applicant that the applicant may, by a specified date (being not less than 28 days after the notice is given), make a submission to the regulator in relation to the proposed refusal.
(2) After the date specified in a notice under subregulation (1), the regulator must:
(a) if the applicant has made a submission in relation to the proposed refusal to grant the accreditation – consider that submission; and
(b) whether or not the applicant has made a submission – decide whether to grant or refuse to grant the accreditation; and
(c) within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.
Note for regulation 120
A refusal to grant an accreditation is a reviewable decision (see regulation 676).
(1) The regulator may impose any conditions it considers appropriate on an accreditation.
(2) Without limiting subregulation (1), the regulator may impose conditions:
(a) relating to the competency assessments and assessment activities that may be carried out; and
(b) relating to the circumstances in which competency assessments or assessment activities may be carried out; and
(c) requiring the accredited assessor to keep specified information; and
(d) requiring the accredited assessor to give specified information to the regulator.
Notes for regulation 121
1 A person must comply with the conditions of accreditation (see section 45 of the Act).
2 A decision to impose a condition on an accreditation is a reviewable decision (see regulation 676).
122 Duration of accreditation An accreditation takes effect on the day it is granted and, unless cancelled earlier, expires 3 years after that day.
(1) If the regulator grants an accreditation, it must issue to the applicant an accreditation document in the form determined by the regulator.
(2) An accreditation document must include the following:
(a) the name of the accredited assessor;
(b) the class of high risk work to which the accreditation relates;
(c) any conditions imposed on the accreditation by the regulator;
(d) the date on which the accreditation was granted;
(e) the expiry date of the accreditation.
(3) If an assessor is accredited to conduct a competency assessment in relation to more than 1 class of high risk work, the regulator may issue to the accredited assessor 1 accreditation document in relation to some or all of those classes of high risk work.
(4) If 2 or more of the classes of high risk work referred to in subregulation (3) represent levels of the same type of work, it is sufficient if the accreditation document contains a description of the class of work that represents the highest level.
(1) An accredited assessor must keep the accreditation document available for inspection under the Act.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) An accredited assessor must make the accreditation document available for inspection by any person in relation to whom the assessor is conducting, or is to conduct, a competency assessment.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) Subregulations (1) and (2) do not apply if the accreditation document is not in the accredited assessor’s possession because:
(a) it has been returned to the regulator under regulation 126; or
(b) the accreditation assessor has applied for, but has not received, a replacement accreditation document under regulation 127.
Subdivision 3 Amendment of accreditation document
(1) An accredited assessor must give the regulator written notice of any change to any material particular in any information given at any time by the assessor to the regulator in relation to the accreditation within 14 days after the assessor becomes aware of the change.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) Subregulation (1) applies whether the information was given in the application for grant or renewal of the accreditation or in any other circumstance.
If an accreditation is amended, the accredited assessor must return the accreditation document to the regulator for amendment at the written request of the regulator and within the time specified in the request.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for regulation 126
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) An accredited assessor must notify the regulator as soon as practicable if the accreditation document is lost, stolen or destroyed.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) If an accreditation document is lost, stolen or destroyed an accredited assessor may apply to the regulator for a replacement accreditation document.
Note for subregulation (2)
An accreditation holder is required to keep the accreditation document available for inspection (see regulation 124).
(3) An application for a replacement accreditation document must be made in the manner and form required by the regulator.
(4) The application must:
(a) include a declaration describing the circumstances in which the original document was lost, stolen or destroyed; and
(b) be accompanied by the relevant fee.
Note for subregulation (4)(a)
See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.
(5) The regulator must issue a replacement accreditation document if satisfied that the original document was lost, stolen or destroyed.
(6) If the regulator refuses to issue a replacement accreditation document, it must give the accredited assessor written notice of this decision, including the reasons for the decision, within 14 days after making the decision.
Note for regulation 127
A refusal to issue a replacement accreditation document is a reviewable decision (see regulation 676).
(1) An accredited assessor may voluntarily surrender the accreditation document to the regulator.
(2) The accreditation expires on the surrender of the accreditation document.
The regulator may renew an accreditation on the application of the accredited assessor.
(1) An application for renewal of accreditation must be made in the manner and form required by the regulator.
(2) An application must:
(a) include the information referred to in regulation 116(2); and
(b) be accompanied by the relevant fee.
Note for subregulation (2)(a)
See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.
(3) The application must be made before the expiry of the accreditation.
If an accredited assessor applies under regulation 130 for the renewal of accreditation, the accreditation is taken to continue in force from the day it would, apart from this regulation, have expired until the accredited assessor is given notice of the decision on the application.
For the purposes of this Division:
(a) regulation 117 applies as if a reference in that regulation to an application for accreditation were a reference to an application to renew an accreditation; and
(b) regulations 118 (except subregulation (5)), 119, 121 and 122 apply as if a reference in those regulations to the grant of an accreditation were a reference to the renewal of an accreditation; and
(c) regulation 120 applies as if a reference in that regulation to a refusal to grant an accreditation were a reference to a refusal to renew an accreditation.
Note for regulation 132
A refusal to renew an accreditation is a reviewable decision (see regulation 676).
(1) The regulator may, under this Division:
(a) suspend or cancel an accreditation; and
(b) if suspending an accreditation, vary the conditions of the accreditation, including by imposing different or additional conditions.
(2) If the regulator cancels an accreditation, the regulator may disqualify the accredited assessor from applying for a further accreditation for a specified period.
Note for regulation 133
A decision to suspend or cancel an accreditation, to vary the conditions of an accreditation or to disqualify an accredited assessor from applying for a further accreditation is a reviewable decision (see regulation 676).
(1) The regulator may suspend or cancel an accreditation if satisfied about one or more of the following:
(a) the accredited assessor is no longer qualified to conduct the competency assessment specified in the assessor’s accreditation document;
(b) the accredited assessor is not able to conduct the competency assessment to which the accreditation relates competently;
(c) the accredited assessor has failed to comply with a condition imposed on the accreditation under regulation 121;
(d) the accredited assessor, in the application for the grant or renewal of accreditation or on request by the regulator for additional information:
(i) gave information that was false or misleading in a material particular; or
(ii) failed to give any material information that should have been given in that application or on that request.
(2) In subregulation (1)(a):
qualified has the same meaning in relation to an accredited assessor as it has in regulation 118 in relation to an applicant for accreditation.
(1) In making a decision under regulation 133, the regulator must have regard to:
(a) any submissions made by the accredited assessor under regulation 136; and
(b) any advice received from a corresponding regulator.
(2) For the purposes of regulation 134(1)(b) and (c), the regulator must have regard to all relevant matters, including the following:
(a) any offence under the Act or these Regulations or under a corresponding WHS law, of which the accredited assessor has been convicted or found guilty;
(b) any enforceable undertaking the accredited assessor has entered into under the Act or a corresponding WHS law;
(c) in relation to any equivalent accreditation applied for or held by the accredited assessor under the Act or these Regulations or under a corresponding WHS law:
(i) any refusal to grant the accreditation; and
(ii) any condition imposed on the accreditation, if granted; and
(iii) any suspension or cancellation of the accreditation, if granted, including any disqualification from applying for any accreditation;
(d) any suspension of a high risk work licence held by the accredited assessor under the Act or these Regulations or under a corresponding WHS law;
(e) the accredited assessor’s record in relation to any matters arising under the Act or these Regulations or under a corresponding WHS law.
136 Notice to and submissions by accredited assessor Before suspending or cancelling an accreditation, the regulator must give the accreditation holder a written notice of the proposed suspension or cancellation and any proposed disqualification:
(a) outlining all relevant allegations, facts and circumstances known to the regulator; and
(b) advising the accreditation holder that the accreditation holder may, by a specified date (being not less than 28 days after giving the notice), make a submission in relation to the proposed suspension or cancellation and any proposed disqualification.
137 Notice of decision (1) The regulator must give the accredited assessor written notice of a decision under regulation 134 to suspend or cancel the accreditation within 14 days after making the decision.
(2) The notice must:
(a) state that the accreditation is to be suspended or cancelled; and
(b) if the accreditation is to be suspended, state:
(i) when the suspension begins and ends; and
(ii) the reasons for the suspension; and
(iii) whether or not the accredited assessor is required to undergo retraining or reassessment or take any other action before the suspension ends; and
(iv) whether any variation is to be made to the conditions of accreditation; and
(v) whether or not the accredited assessor is disqualified from obtaining a further accreditation during the suspension; and
(c) if the accreditation is to be cancelled, state:
(i) when the cancellation takes effect; and
(ii) the reasons for the cancellation; and
(iii) whether or not the accredited assessor is disqualified from applying for a further accreditation; and
(d) if the accredited assessor is to be disqualified from obtaining a further accreditation, state:
(i) when the disqualification begins and ends; and
(ii) the reasons for the disqualification; and
(iii) whether or not the accredited assessor is required to undergo retraining or reassessment or take any other action before the disqualification ends; and
(e) state when the accreditation document must be returned to the regulator.
138 Immediate suspension (1) The regulator may suspend an accreditation on a ground referred to in regulation 134 without giving notice under regulation 136 if satisfied that a person may be exposed to an imminent serious risk to his or her health or safety if the accreditation were not suspended.
(2) If the regulator decides to suspend an accreditation under this regulation:
(a) the regulator must give the accredited assessor written notice of the suspension and the reasons for the suspension; and
(b) the suspension takes effect on the giving of the notice.
(3) The regulator must then:
(a) give notice under regulation 136 within 14 days after giving the notice under subregulation (2); and
(b) make its decision under regulation 134.
(4) If the regulator does not give notice under subregulation (3), the suspension ends at the end of the 14 day period.
(5) If the regulator gives notice under subregulation (3), the accreditation remains suspended until the decision is made under regulation 134.
An accredited assessor, on receiving a notice under regulation 137, must return the accreditation document to the regulator in accordance with that notice.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for regulation 139
Strict liability applies to each physical element of this offence. See section 12B of the Act.
The regulator must return the accreditation document to the accredited assessor within 14 days after the suspension ends.
The regulator may enter into an agreement with an RTO to share information to assist the regulator in relation to the accreditation of assessors.
(1) Subject to subregulation (4), a person conducting a business or undertaking who proposes to carry out any of the following demolition work must ensure that written notice is given to the regulator in accordance with this regulation at least 5 days before the work commences:
(a) demolition of a structure, or a part of a structure that is load bearing or otherwise related to the physical integrity of the structure, that is at least 6 m in height;
(b) demolition work involving load shifting machinery on a suspended floor;
(c) demolition work involving explosives.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Notes for subregulation (1)
1 Strict liability applies to each physical element of this offence. See section 12B of the Act.
2 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.
(2) The notice must be given in the manner and form required by the regulator.
(3) Subregulation (4) applies to an emergency service organisation in relation to demolition work carried out or proposed to be carried out by an emergency service worker at the direction of the emergency service organisation responding to an emergency.
(4) An emergency service organisation must give notice under subregulation (1) as soon as practicable (whether before or after the work is carried out).
(5) In this regulation a reference to the height of a structure is a reference to the height of the structure measured from the lowest level of the ground immediately adjacent to the base of the structure at the point at which the height is to be measured to its highest point.
Note for regulation 143
Regulation 143 appears in some corresponding WHS laws but is not required in the Territory.
(1) In this Part:
electrical equipment means any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that:(a) is used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra‑low voltage; or
(b) is operated by electricity at a voltage greater than extra‑low voltage; or
(c) is part of an electrical installation located in an area in which the atmosphere presents a risk to health and safety from fire or explosion; or
(d) is, or is part of, an active impressed current cathodic protection system within the meaning of AS 2832.1:2004 (Cathodic protection of metals – Pipes and cables).
(2) In this Part:
electrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that is part of a vehicle that is a motor car or motor cycle if:(a) the equipment is part of a unit of the vehicle that provides propulsion for the vehicle; or
(b) the electricity source for the equipment is a unit of the vehicle that provides propulsion for the vehicle.
motor car , see section 5(1) of theMotor Vehicles Act 1949 .motor cycle , see section 5(1) of theMotor Vehicles Act 1949 .
(1) In this Part:
electrical installation means a group of items of electrical equipment that:(a) are permanently electrically connected together; and
(b) can be supplied with electricity from the works of an electricity supply authority or from a generating source.
(2) An item of electrical equipment may be part of more than 1 electrical installation.
(3) In subregulation (1)(a):
(a) an item of electrical equipment connected to electricity by a plug and socket outlet is not
permanently electrically connected ; and(b) connection achieved through using works of an electricity supply authority is not a consideration in determining whether or not electrical equipment is
electrically connected .
146 Meaning of In this Part:
electrical work , see section 4 of theElectrical Workers and Contractors Act 1978 .
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 regulation 147
Electrical risks associated with the design, construction, installation, protection, maintenance and testing of electrical equipment and electrical installations at a workplace.
Note for regulation 147
WHS (NUL) Act – section 19 (see regulation 9).
In this Division, a reference to
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) 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 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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Notes for subregulation (2)
1 Strict liability applies to each physical element of this offence. See section 12B of the Act.
2 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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for regulation 151
Strict liability applies to each physical element of this offence. See section 12B of the Act.
This Division does not apply to work carried out by or on behalf of an electricity supply authority on the electrical equipment, including electric line-associated equipment, controlled or operated by the authority to transform, transmit or supply electricity.
In this Division (except regulations 156, 159 and 160), a reference to a
Subject to this Division, a person conducting a business or undertaking must ensure that electrical work is not carried out on electrical equipment while the equipment is energised.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 154
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) A person conducting a business or undertaking must ensure that, before electrical work is carried out on electrical equipment, the equipment is tested by a competent person to determine whether or not it is energised.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Notes for subregulation (1)
1 Strict liability applies to each physical element of this offence. See section 12B of the Act.
2 Regulation 157 allows electrical testing to be carried out on electrical equipment for the purposes of this regulation. Regulation 161 sets out how the testing is to be carried out.
(2) The person conducting a business or undertaking must ensure that:
(a) each exposed part is treated as energised until it is isolated and determined not to be energised; and
(b) each high‑voltage exposed part is earthed after being de‑energised.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
A person conducting a business or undertaking must ensure that electrical equipment that has been de‑energised to allow electrical work to be carried out on it is not inadvertently re‑energised while the work is being carried out.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 156
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is not carried out unless:
(a) it is necessary in the interests of health and safety that the electrical work is carried out on the equipment while the equipment is energised; or
(b) it is necessary that the electrical equipment to be worked on is energised in order for the work to be carried out properly; or
(c) it is necessary for the purposes of testing required under regulation 155; or
(d) there is no reasonable alternative means of carrying out the work.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Example for subregulation (1)(a)
It may be necessary that life‑saving equipment remain energised and operating while electrical work is carried out on the equipment.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) The electrical work that may be carried out under subregulation (1)(a), (b) and (d) may include testing of the energised electrical equipment.
(1) A person conducting a business or undertaking must ensure the following before electrical work on energised electrical equipment commences:
(a) a risk assessment is conducted in relation to the proposed electrical work;
(b) the area where the electrical work is to be carried out is clear of obstructions so as to allow for easy access and exit;
(c) the point at which the electrical equipment can be disconnected or isolated from its electricity supply is:
(i) clearly marked or labelled; and
(ii) clear of obstructions so as to allow for easy access and exit by the worker who is to carry out the electrical work or any other competent person; and
(iii) capable of being operated quickly;
(d) the person authorises the electrical work after consulting with the person with management or control of the workplace.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) For the purposes of subregulation (1)(a), the risk assessment must be:
(a) conducted by a competent person; and
(b) recorded.
Note for subregulation (2)
Regulation 12 permits risk assessments to be conducted, in certain circumstances, in relation to a class of hazards, tasks, things or circumstances.
(3) Subregulation (1)(c) does not apply to electrical work on electrical equipment if:
(a) the work is to be carried out on the supply side of the main switch on the main switchboard for the equipment; and
(b) the point at which the equipment can be disconnected from its electricity supply is not reasonably accessible from the work location.
159 Unauthorised access to equipment being worked on A person conducting a business or undertaking must ensure that only persons authorised by the person conducting the business or undertaking enter the immediate area in which electrical work on energised electrical equipment is being carried out.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 159
Strict liability applies to each physical element of this offence. See section 12B of the Act.
A person conducting a business or undertaking must ensure that, while electrical work is being carried out on energised electrical equipment, all persons are prevented from creating an electrical risk by inadvertently making contact with an exposed energised component of the equipment.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 160
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is carried out:
(a) by a competent person who has tools, testing equipment and personal protective equipment that:
(i) are suitable for the work; and
(ii) have been properly tested; and
(iii) are maintained in good working order; and
(b) in accordance with a safe work method statement prepared for the work; and
(c) subject to subregulation (5), with a safety observer present who has the competence and qualifications specified in subregulation (4).
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) The person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the person who carries out the electrical work uses the tools, testing equipment and personal protective equipment properly.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) For the purposes of subregulation (1)(b), the safe work method statement must:
(a) identify the electrical work; and
(b) specify hazards associated with that electrical work and risks associated with those hazards; and
(c) describe the measures to be implemented to control the risks; and
(d) describe how the risk control measures are to be implemented, monitored and reviewed.
(4) For the purposes of subregulation (1)(c):
(a) the safety observer must be competent:
(i) to implement control measures in an emergency; and
(ii) to rescue and resuscitate the worker who is carrying out the work, if necessary; and
(b) the safety observer must have been assessed in the previous 12 months as competent to rescue and resuscitate a person.
(5) A safety observer is not required if:
(a) the work consists only of testing; and
(b) the person conducting the business or undertaking has conducted a risk assessment under regulation 158(1)(a) that shows that there is no serious risk associated with the proposed work.
162 Record keeping (1) This regulation applies if a person conducting a business or undertaking prepares:
(a) a risk assessment under regulation 158; or
(b) a safe work method statement under regulation 161.
(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 safe work method statement until the work to which it relates is completed.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) If a notifiable incident occurs in connection with the work to which the assessment or statement relates, the person must keep the assessment or statement (as applicable) for at least 2 years after the incident occurs.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(4) The person must ensure that, for the period for which the assessment or statement must be kept under this regulation, a copy is readily accessible to any worker engaged by the person to carry out electrical work to which the assessment or statement relates.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(5) The person must ensure that, for the period for which the assessment or statement must be kept under this regulation, a copy is available for inspection under the Act.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (5)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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).
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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) electrical equipment forms part of, or is used in connection with, an amusement device.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) Without limiting subregulation (2), the residual current device must have a tripping current that does not exceed 30 mA if electricity is supplied to the equipment through a socket outlet not exceeding 20 A.
(4) Subregulation (2) does not apply if the supply of electricity to the electrical equipment:
(a) does not exceed 50 V 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.
Note for regulation 164
The use of residual current devices is also regulated under the Electricity Reform Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 overhead or underground electric line.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) If it is not reasonably practicable to ensure the safe distance of a person, plant or thing from an overhead or 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 an electricity supply authority is responsible for the electric line – regulations 11 to 15 of the
Electricity Reform (Safety and Technical) Regulations 2000 .
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) An electricity supply authority is taken to have complied with this regulation in relation to an overhead or underground electric line if the authority has complied with regulations 11 to 15 of the
Electricity Reform (Safety and Technical) Regulations 2000 .
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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for regulation 170
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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) In subregulation (1):
relevant competencies means the competencies specified in AS/NZS 2815 (Training and certification of occupational divers) that are relevant to the type of general diving work to which subregulation (1) applies.Note for regulation 171
See section 44 of the Act.
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.
Note for regulation 171A
See section 44 of the Act.
(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 subregulation (1)
See section 44 of the Act.
(2) 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 m 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 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 subregulation (1) See section 44 of the Act. (2) In this regulation, a person has
relevant diving experience if the person has logged at least 60 hours diving of which at least 8 hours and 20 minutes were spent diving between 10 m above and any depth below the maximum depth at which the limited scientific diving work is to be carried out.
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 regulation 174
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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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; or
(b) under subregulation (2) – for at least 1 year after the last occasion on which the person performs a function associated with the appointment.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 subregulation (1)
WHS (NUL) 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).
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) The person must ensure that a risk assessment conducted under subregulation (2) is recorded in writing.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
A person conducting a business or undertaking at a workplace must appoint one 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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Notes for regulation 177
1 Strict liability applies to each physical element of this offence. See section 12B of the Act.
2 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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for regulation 180
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(5) 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.
182 Record keeping (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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (5)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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;
(c) the carrying out of the work.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Notes for regulation 183(b)
See section 44 of the Act.
Note for regulation 183
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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 regulation 184
See section 44 of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Notes for regulation 187
1 Strict liability applies to each physical element of this offence. See section 12B of the Act.
2 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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Notes for regulation 188
1 Strict liability applies to each physical element of this offence. See section 12B of the Act.
2 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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (6)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (6)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 subregulation (2)
WHS (NUL) 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 subregulation (3)
WHS (NUL) 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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for regulation 195
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for regulation 196
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 197
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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).
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for regulation 198
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) A supplier of second‑hand plant must ensure, so far as is reasonably practicable, that any faults in the plant are identified.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for regulation 200
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
Note for Division 7
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 definition
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 regulation 203
WHS (NUL) 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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (5)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 205
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 207
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (5)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 209
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 Subdivision 3
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 definition
person with management or control of plant at a workplace in regulation 5(1) and section 21 of the Act.
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 regulation 214
WHS (NUL) 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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(4) The person must ensure that the plant does not collide with pedestrians or other powered mobile plant.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (5)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 kg or a mass of 15 000 kg or more; or
(c) being used for a historical purpose or activity.
(4) In this regulation:
historical purpose or activity , in relation to the use of a tractor, includes an activity ancillary to a historical activity.Examples for definition
historical purpose of activity 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.
roll‑over protective structure means a structure designed to protect a tractor operator from injury if the tractor rolls over in any direction.Note for regulation 216
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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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).
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
Note for regulation 218
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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (5)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (6)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (7)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 subregulation (2)
Part 4.4 (except regulation 79) applies to the matters in subregulation (2).
(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) In this regulation:
harness means a work positioning harness that is designed and certified, in accordance with AS/NZS 1891.1:2007 (Industrial fall‑arrest systems – Harnesses and ancillary equipment), for the purpose of lifting and suspending a person.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(5) The person must ensure that the workers operating the laser equipment are trained in the proper operation of the equipment.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (5)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (6)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 m.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Example for subregulation (5)
Danger tags and other warning signs.
Note for subregulation (5)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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).
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(4) The person must make the record available to any person to whom the person relinquishes control of the plant.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
Notes for Part 5.2
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 definition
person with management or control of plant at a workplace in regulation 5(1) 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 definition
plant in regulation 5(1)).
This Part applies to:
(a) plant that is required to be registered under Part 5.3; or
(b) plant the design of which is required to be registered under Part 5.3.
If the design of plant is required to be registered under Part 5.3, the designer of that plant must make a record that contains:
(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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for regulation 228
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) If the design of plant is required to be registered under 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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) A designer of plant must ensure that the records made under regulations 228 and 229 are kept available for inspection under the Act.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) A designer of plant must keep the records made under regulations 228 and 229 for the design life of the plant.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
A manufacturer must not supply plant specified in Schedule 5, Part 1 unless the design of that plant is registered under Part 5.3.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 231
Strict liability applies to each physical element of this offence. See section 12B of the Act.
An importer must not supply plant specified in Schedule 5, Part 1 unless the design of that plant is registered under Part 5.3.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 232
Strict liability applies to each physical element of this offence. See section 12B of the Act.
A supplier must not supply plant specified in Schedule 5, Part 1 unless the design of that plant is registered under Part 5.3.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 233
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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, Part 2 for use in a workplace unless that item of plant is registered under Part 5.3.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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) 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, or is eligible to be:
(A) registered on the National Professional Engineers Register administered by Engineers Australia; or
(B) a member of Engineers Australia with the status of Chartered Professional Engineer; or
(b) is determined by the regulator to be a competent person.
(5) The regulator may, on the application of a person, make a determination in relation to the person for the purposes of subregulation (4)(b) if the regulator considers that exceptional circumstances exist.
(6) In this regulation:
major inspection means:(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.
236 Lifts (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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) The person must ensure that there is a safe means of entry to and exit from the base of the lift well.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) This regulation applies in relation to plant that is required to be registered under 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).
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(5) The person must make the record available to any person to whom the person relinquishes control of the plant.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (5)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the device or ropeway is operated only by a person who has been provided with instruction and training in its proper operation.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that:
(a) the amusement device or passenger ropeway is checked before it is operated on each day on which it is to be operated; and
(b) the amusement device or passenger ropeway is operated without passengers before it is operated with passengers on each day on which it is to be operated; and
(c) the daily checks and operation of the amusement device or passenger ropeway without passengers are properly and accurately recorded in a log book for the device or ropeway.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the device or ropeway is stored so as to be without risk to health and safety.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that a person who stores the device or ropeway is a competent person or is under the supervision of a competent person.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that the maintenance, inspection and, if necessary, testing of the device or ropeway is carried out:
(a) by a competent person; and
(b) in accordance with:
(i) the recommendations of the designer or manufacturer or designer and manufacturer; or
(ii) if a maintenance manual for the device or ropeway has been prepared by a competent person, the requirements of the maintenance manual.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) A person is not a competent person to carry out a detailed inspection of an amusement device or passenger ropeway that includes an electrical installation unless the person is qualified, or is assisted by a person who is qualified, to inspect electrical installations.
(1) The person with management or control of an amusement device or passenger ropeway at a workplace must ensure that a detailed inspection of the device or ropeway is carried out at least once every 12 months by a competent person.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) An annual inspection must include the following:
(a) a check of information about the operational history of the amusement device or passenger ropeway since the last detailed inspection;
(b) a check of the log book for the amusement device or passenger ropeway;
(c) a check that maintenance and inspections of the amusement device or passenger ropeway have been undertaken under regulation 240;
(d) a check that any required tests have been carried out, and that appropriate records have been maintained;
(e) a detailed inspection of the amusement device or passenger ropeway to ensure compliance with the Act and these Regulations (including a specific inspection of the critical components of the amusement device or passenger ropeway).
(3) The regulator may extend the date for an inspection by up to 35 days if an inspection is scheduled to coincide with the same event each year.
(4) If the date is extended under subregulation (3), the new date is the date from which future annual inspections of the amusement device or passenger ropeway are determined.
(5) In this regulation, a
competent person is a person who:(a) in the case of an inflatable device (continuously blown) with a platform height less than 9 metres – has acquired through training, qualification or experience the knowledge and skills to inspect the device; or
(b) in the case of any other amusement device or a passenger ropeway:
(i) has acquired through training, qualification or experience the knowledge and skills to inspect the plant; and
(ii) is, or is eligible to be:
(A) registered on the National Professional Engineers Register administered by Engineers Australia; or
(B) a member of Engineers Australia with the status of Chartered Professional Engineer; or
(c) in the case of any amusement device or passenger ropeway – is determined by the regulator to be a competent person.
(6) The regulator may, on the application of a person, make a determination in relation to the person for the purposes of subregulation (5)(c) if the regulator considers that exceptional circumstances exist.
(7) An annual inspection carried out under and in accordance with an equivalent provision of a corresponding WHS law is taken to be an annual inspection for the purposes of this regulation.
(1) The person with management or control of an amusement device at a workplace, in addition to complying with the record‑keeping requirements of regulation 237, must ensure that:
(a) details of the erection or storage of the amusement device (including the date of erection) are recorded in the logbook for the amusement device on each occasion on which it is erected or stored; and
(b) the logbook and operating and maintenance manuals for the amusement device are kept with the amusement device.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) The person with management or control of an amusement device at a workplace must ensure that persons involved in the commissioning, installation, use, storage and testing, and the decommissioning, dismantling and disposal, of an amusement device are given:
(a) the logbook for the amusement device in which details concerning erection, storage, operation and maintenance of the amusement device are recorded; and
(b) the operating and maintenance manuals for the amusement device.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
Note for regulation 242
Regulation 237(5) requires the person with management or control of the amusement device to give the logbook and maintenance records to the person being supplied with the plant.
Note for Part 5.3
In this Part, plant includes a structure (see definition
The design of an item of plant specified in Schedule 5, Part 1 must be registered under this Part.
Note for regulation 243
See section 42 of the Act.
(1) If the design of an item of plant specified in Schedule 5, Part 1 that is registered under this Part is altered, the altered design must be registered under this Part.
Note for subregulation (1)
See section 42 of the Act.
(2) In this regulation a reference to the alteration of a design is a reference to an alteration that may affect health or safety.
(3) This regulation does not apply in relation to a tower crane or 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 this Part 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 this Part if the altered design is registered by the corresponding regulator that registered the original design.
(1) An item of plant specified in Schedule 5, Part 2 must be registered under this Part.
Note for subregulation (1)
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 this Part if the plant is registered under a corresponding WHS law.
This Division applies to the registration of a design of an item of plant specified in Schedule 5, Part 1.
(1) A person conducting a business or undertaking that designs an item of plant may apply to the regulator 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 for the registration of the design of that item of plant.
(1) An application for registration of the design of an item of plant must be made in the manner and form required by the regulator.
(2) The application must include the following information:
(a) the applicant’s name;
(b) whether or not the applicant is a body corporate;
(c) if the applicant conducts the business or undertaking under a business name – that business name and a certificate or other written evidence of the registration of the business name;
(d) any other evidence of the applicant’s identity required by the regulator;
(e) a statement signed by the designer of the item of plant:
(i) stating that the designer has complied with the designer’s obligations under section 22 of the Act in relation to the design; and
(ii) specifying the published technical standards and engineering principles used in the design;
(f) a design verification statement that accords with regulation 251;
(g) representational drawings of the design;
(h) a declaration that the applicant does not hold an equivalent registration under a corresponding WHS law.
Note for subregulation (2)
See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.
(3) Any drawings or other documents provided with the application must be capable of being kept in an electronic form.
(4) The application must be accompanied by the relevant fee.
The design verification statement must:
(a) be written and signed by a person who is eligible to be a design verifier for the design; and
(b) state that the design was produced in accordance with published technical standards or engineering principles specified in the statement; and
(c) include:
(i) the name, business address and qualifications (if applicable) of the design verifier; and
(ii) if applicable, the name and business address of the organisation for which the design verifier works.
252 Who can be the design verifier
(1) A person is eligible to be a design verifier for the design of an item of plant if the person is a competent person.
(2) Despite subregulation (1), a person is not eligible to be a design verifier for the design of an item of plant if the person was involved in the production of the design.
A design verifier of the design of an item of plant specified in Schedule 5, Part 1 must document the design verification process carried out by that person and the results of that process.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for regulation 253
Strict liability applies to each physical element of this offence. See section 12B of the Act.
A person must not make a design verification statement for the design of an item of plant specified in Schedule 5, Part 1 if the person:
(a) is not eligible to be a design verifier for that design; or
(b) has not carried out a verification of the design.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for regulation 254
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) If an application for registration of a design of an item of plant does not contain enough information to enable the regulator to make a decision whether or not to grant the registration, the regulator may ask the applicant to provide additional information.
(2) A request for additional information must:
(a) specify the date (not being less than 28 days after the request) by which the additional information is to be given; and
(b) be confirmed in writing.
(3) If an applicant does not provide the additional information by the date specified, the application is taken to have been withdrawn.
(4) The regulator may make more than 1 request for additional information under this regulation.
(1) Subject to subregulation (3), the regulator must grant the registration if satisfied about the matters referred to in subregulation (2).
(2) The regulator must be satisfied about the following:
(a) the application has been made in accordance with this Division;
(b) the design is not registered under a corresponding WHS law;
(c) if the applicant is an individual, the applicant:
(i) resides in the Territory; or
(ii) resides outside the Territory and circumstances exist that justify the grant of the registration;
(d) if the applicant is a body corporate, the applicant’s registered office:
(i) is located in the Territory; or
(ii) is located outside the Territory and circumstances exist that justify the grant of the registration;
(e) the applicant is able to ensure compliance with any conditions that will apply to the registration.
(3) The regulator must refuse to grant a registration if satisfied that, in making the application, the applicant has:
(a) given information that is false or misleading in a material particular; or
(b) failed to give any material information that should have been given.
(4) If the regulator decides to grant the registration, it must notify the applicant within 14 days after making the decision.
(5) If the regulator does not make a decision within 120 days after receiving the application or the additional information requested under regulation 255, the regulator is taken to have refused to grant the registration applied for.
Note for regulation 256
A refusal to grant a registration (including under subregulation (5)) is a reviewable decision (see regulation 676).
(1) If the regulator proposes to refuse to grant a registration, the regulator must give the applicant a written notice:
(a) informing the applicant of the reasons for the proposed refusal; and
(b) advising the applicant that the applicant may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.
(2) After the date specified in a notice under subregulation (1), the regulator must:
(a) if the applicant has made a submission in relation to the proposed refusal to grant the registration – consider that submission; and
(b) whether or not the applicant has made a submission – decide whether to grant or refuse to grant the registration; and
(c) within 14 days after making that decision, give the applicant written notice of the decision, including the reasons for the decision.
Note for regulation 257
A refusal to grant a registration is a reviewable decision (see regulation 676).
(1) The regulator may impose any conditions it considers appropriate on the registration of a plant design.
(2) Without limiting subregulation (1), the regulator may impose conditions in relation to one or more of the following:
(a) the use and maintenance of plant manufactured to the design;
(b) the recording or keeping of information;
(c) the provision of information to the regulator.
Notes for regulation 258
1 A person must comply with the conditions of registration (see section 45 of the Act).
2 A decision to impose a condition on a registration is a reviewable decision (see regulation 676).
259 Duration of registration of plant design A registration of a plant design takes effect on the day it is granted and is granted for an unlimited duration.
(1) This regulation applies if the regulator registers a design of an item of plant.
(2) The regulator must issue a plant design registration number for the design to the applicant.
(3) The person to whom the plant design registration number is issued must give the registration number to the manufacturer, importer or supplier of plant manufactured to that design.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(4) The manufacturer, supplier or importer of plant to whom a plant design registration number is given under this regulation must give that number to the person with management or control of the plant:
(a) manufactured to that design; or
(b) supplied to that person by the manufacturer, supplier or importer.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (4)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(5) The person with management or control of plant at a workplace for which a plant design is registered must ensure that the design registration number is kept readily accessible in the vicinity of the plant at all times.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (5)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) If the regulator registers a design of an item of plant, the regulator must issue to the applicant a registration document in the form determined by the regulator.
(2) The registration document must include the following:
(a) the name of the registration holder;
(b) if the registration holder conducts the business or undertaking under a business name, that business name;
(c) the registration number of the plant design;
(d) any conditions imposed on the registration by the regulator;
(e) the date on which the registration was granted.
262 Registration document to be available (1) A registration holder must keep the registration document available for inspection under the Act.
Maximum penalty:
(a) in the case of an individual – $1 250.
(b) in the case of a body corporate – $6 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 regulation 287; or
(b) the registration holder has applied for, but has not received, a replacement registration document under regulation 288.
263 Disclosure of design information (1) Subject to this regulation, the regulator must not disclose to any person any confidential information provided by an applicant for registration of a design of an item of plant.
(2) The regulator may disclose information about a plant design in either of the following circumstances:
(a) to a corresponding regulator or an authorised officer of a corresponding regulator, at the request of the corresponding regulator;
(b) to any person authorised by the applicant for the registration of the design.
(3) The regulator may give a copy of the design verification statement to:
(a) workers engaged by the person with management or control at a workplace of plant manufactured to the design; or
(b) a health and safety representative of those workers.
(4) The regulator may provide the person with management or control of plant with the minimum information about the plant design that is necessary for the safe operation of the plant if the registration holder for the design of the plant cannot be located or no longer exists.
This Division applies in relation to the registration of an item of plant specified in Schedule 5, Part 2 as requiring registration.
A person with management or control of an item of plant may apply to the regulator for the registration of that item of plant.
(1) An application for registration of an item of plant must be made in the manner and form required by the regulator.
(2) The application must include the following information:
(a) the applicant’s name;
(b) whether or not the applicant is a body corporate;
(c) if the applicant conducts the business or undertaking under a business name – that business name and a certificate or other written evidence of the registration of the business name;
(d) any other evidence of the applicant’s identity required by the regulator;
(e) sufficient information to clearly identify the item of plant;
(g) if the design of the item of plant was also required to be registered under this Part, details of:
(i) the plant design registration number; and
(ii) the regulator or corresponding regulator that registered the design;
(h) a statement that the item of plant has been inspected by a competent person and assessed by that person as being safe to operate;
(i) the date that the item of plant was first commissioned or was first registered, if known, whichever occurred first;
(j) a declaration that the applicant does not hold an equivalent registration under a corresponding WHS law.
Note for subregulation (2)
See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.
(3) The application must be accompanied by the relevant fee.
9 | 3‑Propiolactone [57‑57‑8] (Beta‑propiolactone) | All |
10 | o‑Toluidine [95‑53‑4] and o‑Toluidine hydrochloride [636‑21‑5] | All |
11 | Vinyl chloride monomer [75‑01‑4] | All |
Column 1 | Column 2 | Column 3 |
1 | Antimony and its compounds | For abrasive blasting at a concentration of greater than 0.1% as antimony |
2 | Arsenic and its compounds | For abrasive blasting at a concentration of greater than 0.1% as arsenic For spray painting |
3 | Benzene (benzol), if the substance contains more than 1% by volume | For spray painting |
4 | Beryllium and its compounds | For abrasive blasting at a concentration of greater than 0.1% as beryllium |
5 | Cadmium and its compounds | For abrasive blasting at a concentration of greater than 0.1% as cadmium |
6 | Carbon disulphide (carbon bisulphide) | For spray painting |
7 | Chromate | For wet abrasive blasting |
8 | Chromium and its compounds | For abrasive blasting at a concentration of greater than 0.5% (except as specified for wet blasting) as chromium |
9 | Cobalt and its compounds | For abrasive blasting at a concentration of greater than 0.1% as cobalt |
10 | Free silica (crystalline silicon dioxide) | For abrasive blasting at a concentration of greater than 1% |
11 | Lead and compounds | For abrasive blasting at a concentration of greater than 0.1% as lead or which would expose the operator to levels in excess of those set in the regulations covering lead |
12 | Lead carbonate | For spray painting |
13 | Methanol (methyl alcohol), if the substance contains more than 1% by volume | For spray painting |
14 | Nickel and its compounds | For abrasive blasting at a concentration of greater than 0.1% as nickel |
15 | Nitrates | For wet abrasive blasting |
16 | Nitrites | For wet abrasive blasting |
17 | Radioactive substance of any kind where the level of radiation exceeds 1 Bq/g | For abrasive blasting, so far as is reasonably practicable |
18 | Tetrachloroethane | For spray painting |
19 | Tetrachloromethane (carbon tetrachloride) | For spray painting |
20 | Tin and its compounds | For abrasive blasting at a concentration of greater than 0.1% as tin |
21 | Tributyl tin | For spray painting |
Note for table 10.3
Regulation 382 deals with polychlorinated biphenyls (PCBs).
regulations 347 to 350, 361, 390 and 391
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | |
1 | Flammable gases | Category 1A, category 1B or any combination of categories 1A and 1B | 200 L | 5 000 L | |
2 | Gases under pressure | With acute toxicity, categories 1, 2, 3 or 4 | 50 L | 500 L | |
3 | With skin corrosion categories 1A, 1B or 1C | 50 L | 500 L | ||
4 | Not specified elsewhere in this Table | 1 000 L | 10 000 L | ||
5 | Flammable liquids | Category 1 | 50 L | 500 L | |
6 | Category 2 | 250 L | 2 500 L | ||
7 | Category 3 | 1 000 L | 10 000 L | ||
8 | Any combination of chemicals from items 5 to 7 where none of the items exceeds the quantities in columns 4 or 5 on their own | 1 000 L | 10 000 L | ||
9 | Category 4 | 10 000 L | 100 000 L | ||
10 | Self‑reactive substances | Type A | 5 kg or 5 L | 50 kg or 50 L | |
11 | Type B | 50 kg or 50 L | 500 kg or 500 L | ||
12 | Type C to F | 250 kg or 250 L | 2 500 kg or 2 500 L | ||
13 | Flammable solids | Category 1 | 250 kg | 2 500 kg | |
14 | Category 2 | 1 000 kg | 10 000 kg | ||
15 | Any combination of chemicals from items 11 to 14 where none of the items exceeds the quantities in columns 4 or 5 on their own | 1 000 kg or 1 000 L | 10 000 kg or 10 000 L | ||
16 | Pyrophoric liquids and pyrophoric solids | Category 1 | 50 kg or 50 L | 500 kg or 500 L | |
17 | Self‑heating substances and mixtures | Category 1 | 250 kg or 250 L | 2 500 kg or 2 500 L | |
18 | Category 2 | 1 000 kg or 1 000 L | 10 000 kg or 10 000 L | ||
19 | Any combination of chemicals from items 16 to 18 where none of the items exceeds the quantities in columns 4 or 5 on their own | 1 000 kg or 1 000 L | 10 000 kg or 10 000 L | ||
20 | Substances which in contact with water emit flammable gas | Category 1 | 50 kg or 50 L | 500 kg or 500 L | |
21 | Category 2 | 250 kg or 250 L | 2 500 kg or 2 500 L | ||
22 | Category 3 | 1 000 kg or 1 000 L | 10 000 kg or 10 000 L | ||
23 | Any combination of chemicals from items 20 to 22 where none of the items exceeds the quantities in columns 4 or 5 on their own | 1 000 kg or 1 000 L | 10 000 kg or 10 000 L | ||
24 | Oxidising liquids and oxidising solids | Category 1 | 50 kg or 50 L | 500 kg or 500 L | |
25 | Category 2 | 250 kg or 250 L | 2 500 kg or 2 500 L | ||
26 | Category 3 | 1 000 kg or 1 000 L | 10 000 kg or 10 000 L | ||
27 | Any combination of chemicals from items 24 to 26 where none of the items exceeds the quantities in columns 4 or 5 on their own | 1 000 kg or 1 000 L | 10 000 kg or 10 000 L | ||
28 | Organic peroxides | Type A | 5 kg or 5 L | 50 kg or 50 L | |
29 | Type B | 50 kg or 50 L | 500 kg or 500 L | ||
30 | Type C to F | 250 kg or 250 L | 2 500 kg or 2 500 L | ||
31 | Any combination of chemicals from items 29 and 30 where none of the items exceeds the quantities in columns 4 or 5 on their own | 250 kg or 250 L | 2 500 kg or 2 500 L | ||
32 | Acute toxicity | Category 1 | 50 kg or 50 L | 500 kg or 500 L | |
33 | Category 2 | 250 kg or 250 L | 2 500 kg or 2 500 L | ||
34 | Category 3 | 1 000 kg or 1 000 L | 10 000 kg or 10 000 L | ||
35 | Any combination of chemicals from items 32 to 34 where none of the items exceeds the quantities in columns 4 or 5 on their own | 1 000 kg or 1 000 L | 10 000 kg or 10 000 L | ||
36 | Skin corrosion | Category 1A | 50 kg or 50 L | 500 kg or 500 L | |
37 | Category 1B | 250 kg or 250 L | 2 500 kg or 2 500 L | ||
38 | Category 1C | 1 000 kg or 1 000 L | 10 000 kg or 10 000 L | ||
39 | Corrosive to metals | Category 1 | 1 000 kg or 1 000 L | 10 000 kg or 10 000 L | |
40 | Any combination of chemicals from items 36 to 39 where none of the items exceeds the quantities in columns 4 or 5 on their own | 1 000 kg or 1 000 L | 10 000 kg or 10 000 L | ||
41 | Unstable explosives | 5 kg or 5 L | 50 kg or 50 L | ||
42 | Unstable chemicals | Any combination of chemicals from items 10, 28 and 41 where none of the items exceeds the quantities in columns 4 or 5 on their own | 5 kg or 5 L | 50 kg or 50 L | |
43 | Aerosols | Category 1, category 2, category 3 or any combination of categories 1, 2 and 3 | 5 000 L | 10 000 L | |
Notes for table 11.1
1 In item 2, gases under pressure with acute toxicity, category 4 only applies up to a LC50 of 5000 ppmV. This is equivalent to dangerous goods of Division 2.3.
2 Item 43 includes flammable aerosols.
1 Determination of classification of flammable liquids
For the purposes of this table, if a flammable liquid category 4 is used, handled or stored in the same spill compound as one or more flammable liquids of categories 1, 2 or 3, the total quantity of flammable liquids categories 1, 2 or 3 must be determined as if the flammable liquid category 4 had the same classification as the flammable liquid in the spill compound with the lowest flash point.
Example for clause 1
For placarding and manifest purposes, a spill compound containing 1000 L of flammable liquid category 1 and 1 000 L of flammable liquid category 4 is considered to contain 2 000 L of flammable liquid category 1.
regulation 347(2)
1 Manifest – general information
The manifest of hazardous chemicals must include:
(a) the name of the person conducting the business or undertaking; and
(b) the address of the workplace; and
(c) the date the manifest was last amended or, if it has not been amended, the date it was prepared; and
(d) business hours and after hours telephone numbers for at least 2 persons who may be contacted if there is a notifiable incident at the workplace.
2 Manifest – bulk storage and containers
(1) This clause applies if a hazardous chemical is stored at a workplace in bulk or in a container.
(2) For each hazardous chemical stored in bulk other than in a container, the manifest of hazardous chemicals must include:
(a) the name of the chemical; and
(b) the quantity of the chemical stored.
(3) For each container storing the hazardous chemical, the manifest of hazardous chemicals must include:
(a) the identification number or code of the container; and
(b) the type and capacity of the container; and
(c) for a fixed vertical tank used to store fire risk hazardous chemicals – the diameter of the tank.
3 Manifest – identification of hazardous chemical
The manifest of hazardous chemicals must include:
(a) for a hazardous chemical, other than a flammable liquid category 4, unstable explosive, organic peroxide type A or self‑reactive substance type A:
(i) the proper shipping name as stated in Table 3.2.3 of the ADG Code for the chemical; and
(ii) the UN number as stated in Table 3.2.3 of the ADG Code for the hazardous chemical; and
(iii) the class and division of the hazardous chemical as stated in Table 3.2.3 of the ADG Code; and
(b) for a flammable liquid category 4:
(i) the product identifier; and
(ii) the words "combustible liquid"; and
(c) for an unstable explosive, organic peroxide type A or self‑reactive substance type A:
(i) the name of the hazardous chemical stated in the ADG Code, Appendix A; and
(ii) the words "goods too dangerous to be transported".
4 Manifest – storage area for packaged hazardous chemicals
(1) This clause applies if:
(a) a storage area:
(i) contains, or is likely to contain, a packaged hazardous chemical, or a hazardous chemical in an IBC; and
(ii) is required under these Regulations to have a placard; and
(b) the hazardous chemicals are dangerous goods under the ADG Code.
(2) The manifest of hazardous chemicals must include:
(a) the identification number or code for the storage area; and
(b) for hazardous chemicals with an assigned class specified in Table 3.2.3 of the ADG Code – the largest quantity of each class of hazardous chemicals likely to be kept in the storage area; and
(c) for the specified hazardous chemicals that are likely to be kept in the storage area:
(i) the proper shipping name of the hazardous chemical as specified in Table 3.2.3 of the ADG Code; and
(ii) the class to which the hazardous chemical is assigned as specified in Table 3.2.3 of the ADG Code; and
(iii) the largest quantity of the hazardous chemical likely to be kept in the storage area; and
(d) for an unstable explosive, organic peroxide type A or self‑reactive substance type A that is likely to be kept in the storage area:
(i) the name of the hazardous chemical; and
(ii) the words "goods too dangerous to be transported"; and
(iii) the largest quantity of the hazardous chemical likely to be kept in the storage area; and
(e) for hazardous chemicals with an assigned class specified in Table 3.2.3 of the ADG Code – the class to which the hazardous chemical is assigned; and
(f) for flammable liquids category 4 – the words "combustible liquid".
(3) In this clause:
specified hazardous chemicals means any of the following:(a) flammable liquid category 1;
(b) self‑reactive substances type B;
(c) substances which in contact with water emit flammable gas category 1;
(d) pyrophoric liquids category 1;
(e) pyrophoric solids category 1;
(f) organic peroxides type B;
(g) acute toxicity category 1;
(h) oxidising solids category 1;
(i) oxidising liquids category 1;
(j) skin corrosion category 1A;
(k) gases under pressure with acute toxicity categories 1, 2 or 3 or skin corrosion categories 1A, 1B or 1C.
5 Manifest – hazardous chemicals being manufactured
For each area in which hazardous chemicals are manufactured, the manifest must include:
(a) the identification number or code of the area; and
(b) a description of the hazardous chemicals manufactured in the area; and
(c) the average and largest quantity of each hazardous chemical likely to be manufactured in the area.
6 Manifest – hazardous chemicals in transit
(1) This clause applies to hazardous chemicals at a workplace if the hazardous chemicals are:
(a) dangerous goods under the ADG Code in transit at the workplace; and
(b) accompanied by dangerous goods transport documents (the
transport documents ) in relation to the hazardous chemicals that comply with the ADG Code.
(2) The person conducting a business or undertaking at the workplace is taken to comply with clauses 4 and 5 in relation to the hazardous chemicals if the manifest includes a compilation of the transport documents.
7 Manifest – plan of workplace
The manifest of hazardous chemicals at a workplace must include a scale plan of the workplace that:
(a) shows the location of:
(i) containers and other storage of hazardous chemicals in bulk; and
(ii) storage areas for packaged hazardous chemicals and IBCs; and
(iii) each area where hazardous chemicals are manufactured or generated; and
(b) includes a description in words of the location of:
(i) the things referred to in paragraph (a); and
(ii) hazardous chemicals in transit; and
(c) provides the identification number or code, and a legend for the identification numbers and codes, for the things referred to in paragraph (a); and
(d) shows the location of:
(i) the main entrance and other places of entry to and exit from the workplace; and
(ii) essential site services, including fire services and isolation points for fuel and power; and
(iii) all drains on the site; and
(iv) the manifest; and
(e) includes the direction of true north; and
(f) describes the nature of the occupancy of adjoining sites or premises.
Schedule 13 Placard requirements regulations 349(2) and 350(2)
1 Displaying placards
(1) This clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to a hazardous chemical.
(2) The person must ensure that the placard is:
(a) clearly legible by persons approaching the placard; and
(b) separate from any other sign or writing that contradicts, qualifies or distracts attention from the placard; and
(c) if a placard quantity of the hazardous chemical is contained in a building:
(i) located as close as is reasonably practicable to the main entrance of the building; and
(ii) located at the entrance to each room or walled section of the building in which the hazardous chemical is used, handled or stored; and
(d) if the hazardous chemical is contained in a container or outside storage area – located next to the container or outside storage area; and
(e) for a placard to which clause 3 applies – located at each entrance to the workplace where an emergency service organisation may enter the workplace; and
(f) for a placard to which clause 4 applies – located on or next to each container or storage area in which the hazardous chemicals are stored; and
(g) for a placard to which clause 6 applies – located at each entrance to a storage area in which the hazardous chemicals are stored.
2 Maintaining placards
A person who is required to display a placard must:
(a) amend the placard as soon as practicable if:
(i) the type or quantity of hazardous chemical used, handled or stored at the workplace changes; and
(ii) the change requires the information displayed on the placard to be amended; and
(b) ensure that the placard is:
(i) kept clean; and
(ii) maintained in good repair; and
(iii) not covered or obscured.
3 Outer warning placards – requirements
(1) This clause applies if a person conducting a business or undertaking at a workplace must display an outer warning placard at the workplace in relation to a hazardous chemical.
Note for subclause (1)
Regulation 349 sets out when an outer warning placard is required, and states that it is not required for retail fuel outlets.
(2) The outer warning placard must:
(a) comply with the form shown in figure 13.1; and
(b) display the word "HAZCHEM" in red letters on a white or silver background.
Figure 13.1 Form and dimensions of outer warning placard (3) In this clause:
red means the colour "signal red" in accordance with AS 2700S‑1996 (R13) (Colour standards for general purposes – signal red).4 Placards for particular hazardous chemicals stored in bulk
(1) This clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to the storage in bulk of any of the following hazardous chemicals:
(a) gases under pressure, including flammable gases and flammable aerosols;
(b) flammable liquids category 1, 2 or 3;
(c) flammable solids category 1 or 2, self‑reactive substances types B to F, self heating substances category 1 or 2 or substances that, in contact with water, emit flammable gases;
(d) organic peroxides types B to F, oxidising solids and oxidising liquids category 1, 2 or 3;
(e) acute toxicity category 1, 2 or 3;
(f) skin corrosion category 1A, 1B or 1C and corrosive to metals category 1.
(2) The placard must:
(a) comply with the template in figure 13.2; and
(b) subject to subclause (4)(b) and (c), have dimensions not less than those shown in figure 13.2.
(3) The placard must include the following in figure 13.2 for the hazardous chemical:
(a) in space (p) – the proper shipping name for the hazardous chemical as specified in Table 3.2.3 of the ADG Code;
(b) in space (q) – the UN Number for the hazardous chemical as specified in Table 3.2.3 of the ADG Code;
(c) in space (r) – the Hazchem Code for the hazardous chemical as specified in Table 3.2.3 of the ADG Code;
(d) in space (s) – the class label and subsidiary risk label for the hazardous chemical as specified in Table 3.2.3 of the ADG Code.
Figure 13.2 Template for a placard for a hazardous chemical stored in bulk (4) For subclause (3)(a) to (c), the numerals and letters used for showing the proper shipping name, UN number and Hazchem Code must be:
(a) black on a white background, unless a letter of the Hazchem Code is white on a black background; and
(b) if the proper shipping name requires a single line only – at least 100 mm high; and
(c) if the proper shipping name requires 2 lines – at least 50 mm high.
(5) For subclause (3)(d):
(a) the class label and subsidiary risk label (if any) must have the form and colouring stated in the ADG Code for the hazardous chemical; and
(b) the class label must have:
(i) if there is a subsidiary risk label – sides not less than 200 mm; or
(ii) in any other case – sides of not less than 250 mm; and
(c) if there is a subsidiary risk label – the subsidiary risk label must have sides of not less than 150 mm; and
(d) if there are 2 or more subsidiary risk labels – the width of the right‑hand part of the placard may be extended.
5 Placards for unstable explosives, organic peroxides type A or self‑reactive substances type A stored in bulk
(1) This clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to unstable explosives, organic peroxides type A or self‑reactive substances type A that are stored in bulk.
(2) The placard must:
(a) comply with the form in figure 13.2; and
(b) have dimensions not less than those shown in figure 13.2.
(3) The placard must include the following, as indicated in figure 13.2, for the hazardous chemical:
(a) in space (p) – the name stated in the ADG Code for the hazardous chemical;
(b) in space (q) – the space left blank;
(c) in space (r) – the space left blank;
(d) in space (s) – the label in figure 13.3.
Figure 13.3 Label for unstable explosive, organic peroxide type A or self reactive substance type A (4) For subclause (3)(a), the letters used for showing the name must be:
(a) black on a white background; and
(b) if the name requires a single line only – at least 100 mm high; and
(c) if the name requires 2 lines – at least 50 mm high.
(5) For subclause (3)(d), the label must have sides of not less than 250 mm.
6 Placards for packaged Schedule 11 hazardous chemicals (other than flammable liquids category 4) and IBCs
(1) This clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to the storage of:
(a) packaged Schedule 11 hazardous chemicals (other than flammable liquids category 4); or
(b) a Schedule 11 hazardous chemical in an IBC.
(2) The placard must:
(a) be in the form shown in figure 13.4; and
(b) be of sufficient size to accommodate the labels to be included on the placard; and
(c) have a white or silver background; and
(d) include each required class label:
(i) in the form and colouring stated in the ADG Code for the hazardous chemical; and
(ii) with sides not less than 100 mm.
(3) The placard must include the following:
(a) for a Schedule 11 hazardous chemical (other than unstable explosive, organic peroxide type A, self‑reactive substance type A) present in a storage area at the workplace – the class label as stated in the ADG Code for each category of hazardous chemicals present in at least the placard quantity; or
(b) for a flammable liquid category 4 stored with flammable liquids in a storage area at the workplace – a class 3 class label as stated in the ADG Code; or
(c) for an unstable explosive, organic peroxide type A or self‑reactive substance type A – the label in figure 13.3.
Figure 13.4 General form of placard for packaged Schedule 11 hazardous chemicals (4) If hazardous chemicals in an IBC at the workplace are Schedule 11 hazardous chemicals intended for transport, and not intended for use at the workplace:
(a) the IBC must display a placard in accordance with the ADG Code; and
(b) the storage area at the workplace must display a placard in accordance with this clause.
7 Placards for flammable liquids category 4 packaged or in bulk
(1) This clause applies if a person conducting a business or undertaking at a workplace must display a placard at the workplace in relation to the storage of:
(a) a packaged flammable liquid category 4; or
(b) a flammable liquid category 4 in bulk.
(2) The placard must:
(a) be in the form shown in figure 13.5; and
(b) have dimensions not less than those shown in figure 13.5; and
(c) have black letters on a white or silver background.
Figure 13.5 Placard for flammable liquid category 4
regulations 368, 370 and 406
Column 1 | Column 2 | Column 3 |
1 | Acrylonitrile | Demographic, medical and occupational history Records of personal exposure Physical examination |
2 | Arsenic (inorganic) | Demographic, medical and occupational history Records of personal exposure Physical examination with emphasis on the peripheral nervous system and skin Urinary inorganic arsenic |
3 | Benzene | Demographic, medical and occupational history Records of personal exposure Physical examination Baseline blood sample for haematological profile |
4 | Cadmium | Demographic, medical and occupational history Records of personal exposure Physical examination with emphasis on the respiratory system Standard respiratory questionnaire to be completed Standardised respiratory function tests including for example, FEV1, FVC and FEV1/FVC Urinary cadmium and β2–microglobulin Health advice, including counselling on the effect of smoking on cadmium exposure |
5 | Chromium (inorganic) | Demographic, medical and occupational history Physical examination with emphasis on the respiratory system and skin Weekly skin inspection of hands and forearms by a competent person |
6 | Creosote | Demographic, medical and occupational history Health advice, including recognition of photosensitivity and skin changes Physical examination with emphasis on the neurological system and skin, noting any abnormal lesions and evidence of skin sensitisation Records of personal exposure, including photosensitivity |
7 | Crystalline silica | Demographic, medical and occupational history Records of personal exposure Standardised respiratory questionnaire to be completed Standardised respiratory function test, for example, FEV1, FVC and FEV1/FVC Chest X‑ray full size PA view |
8 | Isocyanates | Demographic, medical and occupational history Completion of a standardised respiratory questionnaire Physical examination of the respiratory system and skin Standardised respiratory function tests, for example, FEV1, FVC and FEV1/FVC |
9 | Mercury (inorganic) | Demographic, medical and occupational history Physical examination with emphasis on dermatological, gastrointestinal, neurological and renal systems Urinary inorganic mercury |
10 | 4,4’‑Methylene bis (2 chloroaniline) (MOCA) | Demographic, medical and occupational history Physical examination Urinary total MOCA Dipstick analysis of urine for haematuria Urine cytology |
11 | Organophosphate pesticides | Demographic, medical and occupational history including pattern of use Physical examination Baseline estimation of red cell and plasma cholinesterase activity levels by the Ellman or equivalent method Estimation of red cell and plasma cholinesterase activity towards the end of the working day on which organophosphate pesticides have been used |
12 | Pentachlorophenol (PCP) | Demographic, medical and occupational history Records of personal exposure Physical examination with emphasis on the skin, noting any abnormal lesions or effects of irritancy Urinary total pentachlorophenol Dipstick urinalysis for haematuria and proteinuria |
13 | Polycyclic aromatic hydrocarbons (PAH) | Demographic, medical and occupational history Physical examination Records of personal exposure, including photosensitivity Health advice, including recognition of photosensitivity and skin changes |
14 | Thallium | Demographic, medical and occupational history Physical examination Urinary thallium |
15 | Vinyl chloride | Demographic, medical and occupational history Physical examination Records of personal exposure |
Column 1 | Column 2 | Column 3 |
1 | Lead (inorganic) | Demographic, medical and occupational history Physical examination Biological monitoring |
Chapter 9
1 Definitions
In this Schedule:
2 Relevant hazardous chemicals
The hazardous chemicals that characterise a workplace as a facility for the purposes of these Regulations are the chemicals specifically referred to in table 15.1 and chemicals that belong to the types, classes and categories referred to in table 15.2.
3 Threshold quantity of one hazardous chemical
(1) In relation to each hazardous chemical referred to in clause 2, column 3 of Tables 15.1 and 15.2 provides a quantity that is described as the "threshold quantity" of that chemical.
(2) If a hazardous chemical is referred to in table 15.1, the
threshold quantity of the chemical is that described in table 15.1, whether or not the chemical also belongs to a type, class or category referred to in table 15.2.(3) If a hazardous chemical is not referred to in table 15.1, and the chemical belongs to a type, class or category referred to in table 15.2, the
threshold quantity of that chemical is that of the type, class or category to which it belongs.(4) If a hazardous chemical is not referred to in table 15.1, and the chemical appears to belong to more than one of the types, classes or categories referred to in table 15.2, the
threshold quantity of that chemical is that of the relevant type, class or category which has the lower or lowest threshold quantity.4 Threshold quantity of more than one hazardous chemical
(1) If there is more than one hazardous chemical, a threshold quantity of chemicals exists where, if a number of chemicals are present, the result of the following aggregation formula exceeds 1:
where:
x ,y ,[....] andn are the hazardous chemicals present or likely to be present;q x ,q y ,[....] andq n is the total quantity of hazardous chemicals x, y, [....] and n present or likely to be present, other than:(a) a hazardous chemical that is present or likely to be present in an isolated quantity less than 2% of its threshold quantity;
(b) hazardous chemicals that are solely the subject of intermediate temporary storage, while in transit by road or rail (unless it is reasonably foreseeable that, despite the transitory nature of the storage, hazardous chemicals are or are likely to be present frequently or in significant quantities);
Q x ,Q y ,[....] andQ n is the individual threshold quantity for each hazardous chemical x, y, [....] and n.(2) A hazardous chemical is present or likely to be present in an
isolated quantity , for the purposes of definitionq x ,q y ,[....] andq n , paragraph (a) if its location at the facility is such that it cannot, on its own, act as an initiator of a major incident.5 How table 15.1 must be used
(1) The UN number listed in table 15.1 against the named hazardous chemical does not restrict the meaning of the name, which also applies to hazardous chemicals that fall outside the UN number.
Examples for subclause (1)
1 The hazardous chemicals are too dangerous to be transported.
2 The hazardous chemicals are part of mixtures covered by a different UN number.
(2) Any hazardous chemicals that are covered by the listed UN numbers must be included in the quantity of the chemical named.
6 How table 15.2 must be used
(1) The quantities specified for explosives in table 15.2 relate to the weight of explosive exclusive of packagings, casings and other non‑explosive components.
(2) If explosives of different hazard divisions are present in the same area or storage, all of the explosives must, before table 15.2 is applied, be classified in accordance with the following table:
1.1 | 1.1 | 1.1 | 1.1 | 1.1 | 1.1 | |
1.1 | 1.2 | 1.1 | 1.2 | 1.1 | 1.2 | |
1.1 | 1.1 | 1.3 | 1.3 | 1.1 | 1.3 | |
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6 | |
1.1 | 1.1 | 1.1 | 1.5 | 1.5 | 1.5 | |
1.1 | 1.2 | 1.3 | 1.6 | 1.5 | 1.6 |
Column 1 | Column 2 | Column 3 | |
1 | ACETONE CYANOHYDRIN | 1541 | 20 |
2 | ACETYLENE | 1001 | 50 |
3 | ACROLEIN | 1092 | 200 |
4 | ACRYLONITRILE | 1093 | 200 |
5 | ALLYL ALCOHOL | 1098 | 20 |
6 | ALLYLAMINE | 2334 | 200 |
7 | AMMONIA, ANHYDROUS, LIQUEFIED or AMMONIA SOLUTIONS, relative density less than 0.880 at 15°C in water, with more than 50% ammonia | 1005 | 200 |
8 | AMMONIUM NITRATE FERTILISERS | 2067 2068 2069 2070 | 5 000 |
9 | AMMONIUM NITRATE, with not more than 0.2% combustible substances, including any organic substance calculated as carbon, to the exclusion of any other added substance | 1942 | 2 500 |
10 | ARSENIC PENTOXIDE, Arsenic (V) Acid and other salts | 1559 | 10 |
11 | ARSENIC TRIOXIDE, Arsenious (III) Acid and other salts | 1561 | 0.1 |
12 | ARSINE | 2188 | 1.0 |
13 | BROMINE or BROMINE SOLUTIONS | 1744 | 100 |
14 | CARBON DISULFIDE | 1131 | 200 |
15 | CHLORINE | 1017 | 25 |
16 | DIOXINS | – | 0.1 |
17 | ETHYL NITRATE | – | 50 |
18 | ETHYLENE DIBROMIDE | 1605 | 50 |
19 | ETHYLENE OXIDE | 1040 | 50 |
20 | ETHYLENEIMINE | 1185 | 50 |
21 | FLUORINE | 1045 | 25 |
22 | FORMALDEHYDE (greater than 90%) | – | 50 |
23 | HYDROFLUORIC ACID SOLUTION (greater than 50%) | 1790 | 50 |
24 | HYDROGEN | 1049 | 50 |
25 | HYDROGEN CHLORIDE – Anhydrous – Refrigerated Liquid | 1050 2186 | 250 250 |
26 | HYDROGEN CYANIDE | 1051 1614 | 20 |
27 | HYDROGEN FLUORIDE | 1052 | 50 |
28 | HYDROGEN SULFIDE | 1053 | 50 |
29 | LP GASES | 1011 1012 1075 1077 1978 | 200 |
30 | METHANE or NATURAL GAS | 1971 1972 | 200 |
31 | METHYL BROMIDE | 1062 | 200 |
32 | METHYL ISOCYANATE | 2480 | 0.15 |
33 | OXIDES OF NITROGEN, including nitrous oxide, nitrogen dioxide and nitrogen trioxide | 1067 1070 1660 1975 2201 2421 | 50 |
34 | OXYGEN | 1072 1073 | 2 000 |
35 | PHOSGENE | 1076 | 0.75 |
36 | PROPYLENE OXIDE | 1280 | 50 |
37 | PROPYLENEIMINE | 1921 | 200 |
38 | SODIUM CHLORATE, solid | 1495 | 200 |
39 | SULFUR DICHLORIDE | 1828 | 1 |
40 | SULFUR DIOXIDE, LIQUEFIED | 1079 | 200 |
41 | SULFURIC ANHYDRIDE (Alt. SULFUR TRIOXIDE) | 1829 | 75 |
42 | TITANIUM TETRACHLORIDE | 1838 | 500 |
43 | TOLUENE DIISOCYANATE | 2078 | 200 |
Column 1 | Column 2 | Column 3 | |
1 | Explosive materials | Explosive of Division 1.1A | 10 |
All other explosives of Division 1.1 | 50 | ||
Explosive of Division 1.2 | 200 | ||
Explosive of Division 1.3 | 200 | ||
2 | Compressed and liquefied gases | Compressed or liquefied gases of Division 2.1 or Subsidiary Risk 2.1 | 200 |
Liquefied gases of Subsidiary Risk 5 | 200 | ||
Compressed or liquefied gases that meet the criteria for Very Toxic in table 15.3 | 20 | ||
Compressed or liquefied gases that meet the criteria for Toxic in table 15.3 | 200 | ||
3 | Flammable materials | Liquids that meet the criteria for Class 3 Packing Group I Materials (except for crude oil in remote locations) | 200 |
Crude oil in remote locations that meet the criteria for Class 3 Packing Group I | 2 000 | ||
Liquids that meet the criteria for Class 3 Packing Group II or III | 50 000 | ||
Liquids with flash points <61°C kept above their boiling points at ambient conditions | 200 | ||
Materials that meet the criteria for Division 4.1 Packing Group I | 200 | ||
Spontaneously combustible materials that meet the criteria for Division 4.2 Packing Group I or II | 200 | ||
Materials that liberate flammable gases or react violently on contact with water which meet the criteria for Division 4.3 Packing Group I or II | 200 | ||
Materials that belong to Classes 3 or 8 Packing Group I or II which have Hazchem codes of 4WE (materials that react violently with water) | 500 | ||
4 | Oxidising materials | Oxidising material listed in Appendix A to the ADG Code | 50 |
Oxidising materials that meet the criteria for Division 5.1 Packing Group I or II | 200 | ||
5 | Peroxides | Peroxides that are listed in Appendix A to the ADG Code | 50 |
Organic Peroxides that meet the criteria for Division 5.2 | 200 | ||
6 | Toxic solids and liquids | Materials that meet the criteria for Very Toxic in table 15.3 except materials that are classified as Infectious Substances (Division 6.2) or as Radioactive (Class 7) | 20 |
Materials that meet the criteria for Toxic in table 15.3 | 200 |
Very Toxic | LD50 ≤ 5 | LD50 ≤ 40 | LC50 ≤ 0.5 |
Toxic | 5 < LD50 ≤ 50 | 40 < LD50 ≤ 200 | 0.5 < LC50 ≤ 2 |
Key for table 15.3
1 In rats
2 In rats or rabbits
3 4 hours in rats
regulation 557
1 Site and hazard detail
1.1 The location of the facility, including its street address and the nearest intersection (if any).
Note for subclause 1.1
Sufficient detail must be provided to enable a person not familiar with the site to find it.
1.2 A map:
(a) showing the site of the major hazard facility; and
(b) showing land use and occupancy in the surrounding area, and any other closely located major hazard facilities and hazardous chemical storage sites; and
(c) identifying all potentially hazardous inventories in the area that are known to the operator and the location of all staging points for emergency service organisations.
1.3 An inventory of all hazardous chemicals present or likely to be present at the facility, and their location.
1.4 A brief description of the nature of the facility and its operation.
1.5 The maximum number of persons, including workers, likely to be present at the facility on a normal working day.
1.6 The emergency planning assumptions, including emergency measures planned for identified incidents and likely areas affected.
1.7 The protective resources available to control an incident.
1.8 The emergency response procedures.
1.9 The infrastructure (on‑site and off‑site) likely to be affected by a major incident.
2 Command structure and site personnel
2.1 The command philosophy and structure 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 facility responsible for liaising with emergency service organisations.
2.4 A list of 24 hour emergency contacts.
2.5 Arrangements for assisting emergency service organisations and nearby facilities with control actions taken in the surrounding area.
3 Notifications
3.1 In the event of the occurrence of a major incident or an event that could reasonably be expected to lead to a major incident, procedures for notifying the emergency service organisations with which the emergency plan was prepared under regulation 557.
3.2 After a major incident has occurred, procedures for providing the local community and the local authority for the local authority area in which the facility and the surrounding area are located with information about the major incident under regulation 573.
3.3 On‑site and off‑site warning systems.
3.4 Contact details for emergency service organisations and other support services that can assist in providing resources and implementing evacuation plans in the event of a major incident.
3.5 On‑site communication systems.
4 Resources and equipment
4.1 On‑site emergency resources, including emergency equipment, personnel, 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 major incidents) to assist the control of major incidents and major incident hazards.
5 Procedures
5.1 Procedures for the safe evacuation of, and accounting for, all people on site.
5.2 Procedures and control points for utilities, including gas, water and electricity.
5.3 Procedures for the control of any incident involving Schedule 15 chemicals.
5.4 Procedures for decontamination following an incident involving Schedule 15 chemicals.
regulation 558
1 Safety policy and safety objectives
1.1 A description of the means by which the operator’s safety policy and specific safety objectives are to be communicated to all persons who are to participate in the implementation of the safety management system.
1.2 The safety policy must include an express commitment to ongoing improvement of all aspects of the safety management system.
2 Organisation and personnel
2.1 The identification (according to position description and location) of the persons who are to participate in the implementation of the safety management system, and a description of the command structure in which these persons work and of the specific tasks and responsibilities allocated to them.
2.2 A description of the means of ensuring that these persons have the knowledge and skills necessary to enable them to undertake their allocated tasks and discharge their allocated responsibilities, and that they retain such knowledge and skills.
3 Operational controls
3.1 A description of the procedures and instructions for:
(a) the safe operation of plant (including as to inspection and maintenance); and
(b) the mechanical integrity of plant; and
(c) plant processes; and
(d) the control of abnormal operations and emergency shut down or decommissioning.
3.2 Provision of adequate means of achieving isolation of the major hazard facility or any part of the major hazard facility in the event of an emergency.
3.3 Provision of adequate means of gaining access for service and maintenance of the major hazard facility or any part of the major hazard facility.
3.4 A description of the roles of persons and of the interfaces between persons and plant.
3.5 Provision for alarm systems.
4 Duties of operators
4.1 A description of the means by which the operator proposes to comply with the Act and with Part 9.3 Division 3 and Parts 9.4 and 9.5 of these Regulations.
4.2 In relation to each part of the documented safety management system that describes the means of compliance with a provision of Chapter 9, an annotation or cross‑reference identifying the specific provision being complied with.
5 Management of change
A description of the procedures for planning modifications to major hazard facilities.
6 Principles and standards
6.1 A statement of the principles, especially the design principles and engineering standards, being used to ensure the safe operation of the major hazard facility.
6.2 A description of any technical standards, whether published or proprietary, being relied on in relation to such principles and standards.
7 Performance monitoring
7.1 Performance standards for measuring the effectiveness of the safety management system, that:
(a) relate to all aspects of the safety management system; and
(b) are sufficiently detailed to ensure that the ability of the operator to ensure the effectiveness of all aspects of the safety management system is apparent from the documentation; and
(c) include steps to be taken to continually improve all aspects of the safety management system.
7.2 A description of the way in which these performance standards are to be met.
7.3 Performance indicators for the effectiveness of control measures implemented, including:
(a) tests of the effectiveness of the control measures; and
(b) indicators of the failure of any control measure; and
(c) actions to be taken in reporting any such failure; and
(d) other corrective actions to be taken in the event of any such failure.
8 Audit
Provision for the auditing of performance against the performance standards, including the methods, frequency and results of the audit process.
regulation 561
1 The facility
1.1 A brief description of the nature of the facility and its operation, including a description of on‑site activities and processes that involve or will involve Schedule 15 chemicals.
1.2 A description of the Schedule 15 chemicals and any other hazardous chemicals present or likely to be present at the facility, including:
(a) their identification by name and by any other means necessary for a clear identification; and
(b) the quantity present or likely to be present at the major hazard facility; and
(c) their physical, chemical and toxicological characteristics, and any other hazardous characteristics, both immediate and delayed; and
(d) their physical and chemical behaviour under normal conditions of use or under foreseeable abnormal conditions.
1.3 A description of the chemical and physical processes associated with any Schedule 15 chemicals present or likely to be present at the facility, including:
(a) the main units of plant used in those processes; and
(b) a process flow drawing, or set of flow drawings, describing the processes.
1.4 A drawing of the major hazard facility’s general layout, containing the location of:
(a) the main process units; and
(b) the main storage areas; and
(c) major incident hazards and major incident initiators.
1.5 In relation to proposed changes at the major hazard facility for which no new control measures are implemented:
(a) a description of any proposed changes to the major hazard facility that would:
(i) alter the production capacity or profile of the major hazard facility; or
(ii) involve the deletion, addition or modification of any processes; and
(b) a statement as to how existing control measures and WHS management systems are capable of maintaining the safe operation of the major hazard facility.
2 The surrounding area
2.1 A detailed scale plan of the facility and its surrounding area showing:
(a) the location of the facility within the surrounding area; and
(b) topographical information; and
(c) land use, occupancy and activities in the surrounding area and any other closely located major hazard facilities and hazardous chemical storage sites; and
(d) the location of any identified external conditions (including other major hazard facilities or other facilities that could affect the safety of the major hazard facility).
2.2 Graphically presented demographic information for the local community, including surrounding land uses permitted by the local authority.
2.3 Meteorological data relevant to the estimation of the effects of any major incident.
Part 2 Safety information 3 Control measures to limit the consequences of major incidents
3.1 A detailed description of:
(a) the instrumentation and other equipment installed in the facility and the processes and procedures in place that are the control measures to be implemented by the operator; and
(b) the critical operating parameters for those control measures; and
(c) key personnel and resources (internal and external) available to intervene in the event of any failure of a control measure, whether or not that failure results in a major incident; and
(d) a summary of the emergency plan, including specific information about how the plan can be expected to limit the consequences of a major incident; and
(e) the means of ensuring that there is at all times in place a command structure for the major hazard facility that applies in the event of an emergency, and that this command structure has been communicated to workers throughout the major hazard facility.
3.2 In item 3.1:
critical operating parameters means the upper or lower performance limits of any equipment, process or procedure, compliance with which is necessary to avoid a major incident.failure of a control measure means:(a) if the control measure is a positive action or event – the non‑occurrence or the defective occurrence of that action or event; or
(b) if the control measure consists of a limitation on an operational activity, process or procedure – the breach of that limitation.
4 Performance monitoring
A detailed description of the performance standards and performance indicators required by Schedule 17, item 7 to be included in the safety management system.
5 Safety management system
5.1 At all points in the safety case where the matter addressed is covered by the safety management system, a clear reference to the relevant part of the documented safety management system.
5.2 A description of those parts of the documented safety management system that address the ongoing effective implementation and ongoing review and revision of the safety management system.
6 Safety and reliability of facility structures and plant
A description of the steps taken to ensure that safety and reliability are incorporated into the design and construction of all aspects of the major hazard facility itself, whether the operator is directly engaged in the design and construction or has engaged another person to carry out the design and construction.
7 Major incident history
A summary of the major incidents that have occurred at the major hazard facility over the previous 5 years.
regulation 704
section 38(1) | $720 | $3 600 |
section 38(7) | $360 | $1 800 |
section 39(1) | $720 | $3 600 |
section 43(1) or (2) | $1 440 | $7 200 |
section 70(1)(c), (d) or (e) | $720 | $3 600 |
section 70(2) | $720 | $3 600 |
section 72(7) | $720 | $3 600 |
section 74(1) | $144 | $720 |
section 75(1) | $360 | $1 800 |
section 79(3) | $720 | $3 600 |
section 79(4) | $720 | $3 600 |
section 97(1) | $360 | $1 800 |
section 193 | $720 | $3 600 |
section 210(1) or (2) | $360 | $1 800 |
section 273 | $360 | $1 800 |
regulation 22(3) | $432 | $2 160 |
regulation 39(2) or (3) | $720 | $3 600 |
regulation 41(1) or (2) | $720 | $3 600 |
regulation 42(1) or (2) | $720 | $3 600 |
regulation 46(2) or (4) | $432 | $2 160 |
regulation 48(2) | $720 | $3 600 |
regulation 50(1) | $720 | $3 600 |
regulation 50(2) | $144 | $720 |
regulation 50(3) | $432 | $2 160 |
regulation 66(2) or (5) | $432 | $2 160 |
regulation 67(4) | $720 | $3 600 |
regulation 68(1) | $432 | $2 160 |
regulation 69 | $720 | $3 600 |
regulation 72(1) or (2) | $720 | $3 600 |
regulation 76(1) | $720 | $3 600 |
regulation 76(2) | $144 | $720 |
regulation 77(2), (3) or (4) | $144 | $720 |
regulation 77(5) | $432 | $2 160 |
regulation 78(3) or (4) | $720 | $3 600 |
regulation 79(2) | $720 | $3 600 |
regulation 80(2), (3) or (4) | $720 | $3 600 |
regulation 85(1), (2) or (3) | $432 | $2 160 |
regulation 85(4) | $144 | $720 |
regulation 94(1) | $144 | $720 |
regulation 96 | $144 | $720 |
regulation 97 | $144 | $720 |
regulation 98(1) | $144 | $720 |
regulation 111 | $144 | $720 |
regulation 124(1) or (2) | $144 | $720 |
regulation 125(1) | $144 | $720 |
regulation 126 | $144 | $720 |
regulation 127(1) | $144 | $720 |
regulation 139 | $144 | $720 |
regulation 142(1) | $144 | $720 |
regulation 150(1) or (2) | $432 | $2 160 |
regulation 150(3) | $144 | $720 |
regulation 154 | $720 | $3 600 |
regulation 155(1) or (2) | $720 | $3 600 |
regulation 159 | $720 | $3 600 |
regulation 160 | $720 | $3 600 |
regulation 165(1) | $432 | $2 160 |
regulation 165(2) | $144 | $720 |
regulation 170 | $144 | $720 |
regulation 175(1), (2) or (3) | $144 | $720 |
regulation 180 | $144 | $720 |
regulation 181(2), (3) or (4) | $144 | $720 |
regulation 182(2), (3) or (5) | $144 | $720 |
regulation 182(4) | $432 | $2 160 |
regulation 224(1) or (2) | $432 | $2 160 |
regulation 226(1), (3) or (4) | $144 | $720 |
regulation 228 | $144 | $720 |
regulation 229(1) or (2) | $144 | $720 |
regulation 230(1), (2) or (3) | $144 | $720 |
regulation 237(2), (4) or (5) | $144 | $720 |
regulation 238(2) | $720 | $3 600 |
regulation 253 | $432 | $2 160 |
regulation 254 | $432 | $2 160 |
regulation 260(3), (4) or (5) | $144 | $720 |
regulation 262(1) | $144 | $720 |
regulation 273(3) or (4) | $144 | $720 |
regulation 275(1) | $144 | $720 |
regulation 282(1) | $144 | $720 |
regulation 287 | $144 | $720 |
regulation 288(1) | $144 | $720 |
regulation 295(1) | $432 | $2 160 |
regulation 296 | $432 | $2 160 |
regulation 298(1) | $432 | $2 160 |
regulation 299(1) | $720 | $3 600 |
regulation 300(1) or (2) | $720 | $3 600 |
regulation 301 | $432 | $2 160 |
regulation 302 | $432 | $2 160 |
regulation 303(1), (2) or (4) | $144 | $720 |
regulation 303(3) | $432 | $2 160 |
regulation 304(2), (3) or (4) | $432 | $2 160 |
regulation 304(5) | $144 | $720 |
regulation 308 | $432 | $2 160 |
regulation 312 | $432 | $2 160 |
regulation 313(1), (2) or (4) | $144 | $720 |
regulation 313(3) | $432 | $2 160 |
regulation 316 | $432 | $2 160 |
regulation 317(1) | $432 | $2 160 |
regulation 326(1) or (2) | $144 | $720 |
regulation 378(1) or (2) | $144 | $720 |
regulation 387(2) | $432 | $2 160 |
regulation 388(2) or (3) | $432 | $2 160 |
regulation 390(2) or (3) | $144 | $720 |
regulation 391(3) | $144 | $720 |
regulation 409(1) | $432 | $2 160 |
regulation 415(2) | $432 | $2 160 |
regulation 418(2) | $144 | $720 |
regulation 419(1) | $720 | $3 600 |
regulation 423(2) | $144 | $720 |
regulation 425(1) or (2) | $432 | $2 160 |
regulation 426 | $432 | $2 160 |
regulation 427(1) or (2) | $432 | $2 160 |
regulation 429(5) | $432 | $2 160 |
regulation 432(5) | $432 | $2 160 |
regulation 434 | $720 | $3 600 |
regulation 438(1) or (2) | $432 | $2 160 |
regulation 444(1) or (2) | $144 | $720 |
regulation 445(3) or (4) | $144 | $720 |
regulation 446(1) or (3) | $432 | $2 160 |
regulation 449 | $720 | $3 600 |
regulation 450 | $720 | $3 600 |
regulation 451(5) | $432 | $2 160 |
regulation 458(1) or (3) | $720 | $3 600 |
regulation 461(1) or (2) | $144 | $720 |
regulation 464(3) | $432 | $2 160 |
regulation 465(1), (2) or (3) | $432 | $2 160 |
regulation 466(1) or (3) | $432 | $2 160 |
regulation 482(3) | $432 | $2 160 |
regulation 505(1) | $144 | $720 |
regulation 506(1) | $144 | $720 |
regulation 507(1) | $144 | $720 |
regulation 512 | $144 | $720 |
regulation 513(1) | $144 | $720 |
regulation 525 | $144 | $720 |
regulation 529 | $432 | $2 160 |
regulation 555(4) | $720 | $3 600 |
regulation 572(4) | $144 | $720 |
regulation 587(1) | $144 | $720 |
regulation 588(1) | $144 | $720 |
regulation 593 | $144 | $720 |
regulation 594(1) | $144 | $720 |
regulation 607 | $144 | $720 |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 30 December 2011 | |
Commenced | 1 January 2012 (r 2) | |
Notified | 1 March 2012 | |
Commenced | 1 March 2012 (r 2) | |
Notified | 20 December 2012 | |
Commenced | 20 December 2012 | |
Notified | 28 June 2013 | |
Commenced | 28 June 2013 | |
Assent date | 8 November 2013 | |
Commenced | 27 November 2013 ( | |
Notified | 19 December 2013 | |
Commenced | 19 December 2013 | |
Notified | 1 July 2014 | |
Commenced | 1 July 2014 | |
Notified | 24 December 2014 | |
Commenced | 24 December 2014 | |
Notified | 24 December 2014 | |
Commenced | 24 December 2014 | |
Assent date | 22 May 2015 | |
Commenced | pt 4 (other than ss 52 and 54 to 56): 9 June 2015; ss 52 and 54 to 56: nc (Act rep by Act No. 20, 2020, before comm); rem: 1 July 2015 ( | |
Notified | 9 January 2016 | |
Commenced | 4 April 2016 (r 2) | |
Notified | 29 June 2017 | |
Commenced | 1 July 2017 (r 2) | |
Notified | 21 August 2019 | |
Commenced | 21 August 2019 | |
Assent date | 13 December 2019 | |
Commenced | pt 8.6: 1 July 2022; rem: 1 July 2021 ( | |
Assent date | 19 November 2020 | |
Commenced | 20 November 2020 (s 2) | |
Assent date | 25 May 2021 | |
Commenced | 26 May 2021 (s 2) | |
Notified | 1 July 2020 | |
Commenced | 1 July 2020 | |
Notified | 29 July 2020 | |
Commenced | 29 July 2020 | |
Notified | 23 December 2020 | |
Commenced | 1 January 2021 (r 2) | |
Notified | 3 November 2021 | |
Commenced | 3 November 2021 | |
Notified | 24 May 2022 | |
Commenced | 25 May 2022 (r 2) | |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
r 5 amd No. 8, 2012, rr 4 and 10; Act No. 27, 2013, s 128;No. 40, 2014, r 3; No. 1, 2016, r 4; No. 19, 2017, r 4; No. 22, 2019, r 4; No. 16, 2020, r 4; No. 34, 2020, r 4; Act No. 39, 2019, s 370
r 6A amd No. 40, 2014, r 4
r 10 amd No. 8, 2012, r 10
r 21 amd No. 8, 2012, r 5; No. 40, 2014, r 37; No. 19, 2017, r 5
r 25 amd No. 40, 2014, r 37
r 43 amd No. 40, 2014, r 37
r 82 amd No. 40, 2014, r 5
r 84 amd No. 40, 2014, r 37
r 85 amd No. 40, 2014, r 6
r 87 amd No. 40, 2014, r 37
r 91A ins No. 40, 2014, r 7
r 93 amd No. 40, 2014, r 8
r 96 amd No. 1, 2016, r 5
r 98 amd No. 1, 2016, r 6
r 101 amd No. 40, 2014, r 37
r 104 amd No. 40, 2014, r 37
r 106 amd No. 40, 2014, r 9
r 108 sub No. 40, 2014, r 10
r 109 amd No. 40, 2014, r 11
r 127 amd No. 1, 2016, r 7
r 152 sub No. 40, 2014, r 12
r 158 amd No. 40, 2014, r 37
r 161 amd No. 40, 2014, r 37
r 164 amd No. 26, 2013, r 3
r 167 amd No. 40, 2014, r 37
r 169 amd No. 40, 2014, r 37
r 171 sub No. 40, 2014, r 13
amd No. 22, 2019, r 5
r 171A ins No. 40, 2014, r 13
amd No. 22, 2019, r 6
r 172 amd No. 40, 2014, r 14
r 173 amd No. 40, 2014, r 37; No. 22, 2019, r 7
rr 174 – 175 amd No. 40, 2014, r 37
r 183 amd No. 22, 2019, r 8
r 184 amd No. 22, 2019, r 9
r 215 amd No. 40, 2014, r 15
r 217 rep No. 40, 2014, r 16
r 223 amd No. 34, 2020, r 5
r 235 amd No. 40, 2014, r 17
pt 5.2
div 4
sdiv 2 hdg amd No. 40, 2014, r 18
rr 238 – 241 sub No. 40, 2014, r 19
r 242 amd No. 40, 2014, r 37
r 244 amd No. 40, 2014, r 20
r 252 amd No. 40, 2014, r 21
r 257 amd No. 40, 2014, r 37
r 266 amd No. 40, 2014, r 37
r 269 amd No. 40, 2014, r 37
r 288 amd No. 1, 2016, r 8
pt 5.3
div 6 hdg ins No. 40, 2014, r 22
rr 288A –
288D ins No. 40, 2014, r 22
r 292 amd No. 1, 2016, r 9
r 318 sub No. 40, 2014, r 23
r 320 amd No. 6, 2022, r 4
r 325 rep No. 1, 2016, r 10
r 328 amd No. 19, 2017, r 6; No. 22, 2019, r 10
r 335 amd No. 19, 2017, r 7
r 338 amd No. 34, 2020, r 6
r 341 amd No. 19, 2017, r 8; No. 34, 2020, r 7
r 342 amd No. 40, 2014, r 24; No. 19, 2017, r 9; No. 34, 2020, r 8
r 348 amd No. 40, 2014, r 25
r 359 amd No. 40, 2014, r 37
r 394 amd No. 22, 2019, r 11
r 394A ins No. 22, 2019, r 12
r 407 amd No. 22, 2019, r 13
r 415 amd No. 22, 2019, r 14
r 417 amd No. 22, 2019, r 15
r 418 amd No. 40, 2014, r 26; No. 34, 2020, r 9
r 421 amd No. 40, 2014, r 27
r 459 amd No. 19, 2017, r 10
pt 8.8 hdg amd No. 19, 2017, r 11
r 475 amd No. 19, 2017, r 12
r 491 amd No. 40, 2014, r 37
r 492 amd No. 40, 2014, r 28
r 498 amd No. 40, 2014, r 37
r 513 amd No. 1, 2016, r 11
rr 516 – 517 amd No. 40, 2014, r 37
r 530 amd Act No. 12, 2015, s 63
r 532 amd Act No. 12, 2015, s 64
r 547 amd No. 40, 2014, r 29
r 594 amd No. 1, 2016, r 12
r 598 amd No. 40, 2014, r 37
ch 10 hdg sub No. 8, 2012, r 6
pt 10.1 hdg ins No. 8, 2012, r 6
rr 609 – 610 ins No. 8, 2012, r 6
pt 10.2 hdg ins No. 8, 2012, r 6
r 611 ins No. 8, 2012, r 6
pt 10.3 hdg ins No. 8, 2012, r 6
pt 10.3
div 1 hdg ins No. 8, 2012, r 6
rr 612 – 616 ins No. 8, 2012, r 6
pt 10.3
div 2 hdg ins No. 8, 2012, r 6
rr 617 – 621 ins No. 8, 2012, r 6
r 676 amd No. 40, 2014, r 30
r 689 amd No. 40, 2014, r 37
r 700 amd No. 40, 2014, r 37
ch 12 note ins No. 8, 2012, r 7
rr 712 – 716 amd No. 53, 2012, r 5
r 717 amd No. 26, 2013, r 4; No. 45, 2014, r 3
rr 719 – 729 amd No. 53, 2012, r 5
r 730 amd No. 26, 2013, r 5
rr 731 – 733 amd No. 53, 2012, r 5
r 734 amd No. 26, 2013, r 6
r 738A ins No. 26, 2013, r 7
amd No. 20, 2014, r 3
r 739 amd No. 26, 2013, r 8; No. 20, 2014, r 4
r 744 amd No. 26, 2013, r 9; No. 20, 2014, r 5
r 745 amd No. 26, 2013, r 10; No. 20, 2014, r 6
r 750 amd No. 53, 2012, r 5; No. 40, 2013, r 3
r 751 amd No. 53, 2012, r 5; No. 40, 2013, r 4
r 752 amd No. 53, 2012, r 5; No. 40, 2013, r 5
r 753 amd No. 53, 2012, r 5; No. 40, 2013, r 6
r 754 amd No. 53, 2012, r 5; No. 40, 2013, r 7
r 755 amd No. 53, 2012, r 5; No. 40, 2013, r 8
r 756 amd No. 53, 2012, r 5; No. 40, 2013, r 9
r 757 amd No. 53, 2012, r 5; No. 40, 2013, r 10
r 758 amd No. 53, 2012, r 3; No. 40, 2013, r 11
rr 759 – 760 amd No. 53, 2012, r 5
r 761 amd No. 53, 2012, r 5; No. 40, 2013, r 12
r 762 amd No. 53, 2012, r 5
r 763 amd No. 53, 2012, r 5; No. 40, 2013, r 13
r 764 amd No. 53, 2012, r 5
r 765 amd No. 53, 2012, r 5; No. 40, 2013, r 14
r 766 amd No. 53, 2012, r 5; No. 40, 2013, r 15
rr 767 – 768 amd No. 53, 2012, r 5
r 771 amd No. 53, 2012, r 4
r 772 amd No. 53, 2012, r 5
r 774 amd No. 53, 2012, r 5
r 776 amd No. 53, 2012, r 5; No. 26, 2013, r 11
rr 778 – 781 amd No. 53, 2012, r 5
r 785 amd No. 53, 2012, r 5; No. 40, 2013, r 16; No. 45, 2014, r 4
rep No. 1, 2016, r 13
r 786 amd No. 34, 2020, r 10
rr 787 – 791 amd No. 53, 2012, r 5
r 793 amd No. 53, 2012, r 5
r 797 amd No. 26, 2013, r 12; No. 20, 2014, r 7
r 798 amd No. 53, 2012, r 5
r 799 amd No. 53, 2012, r 5; No. 40, 2013, r 17
r 800 amd No. 26, 2013, r 13; No. 20, 2014, r 8
r 801 amd No. 26, 2013, r 14
r 802 amd No. 26, 2013, r 15
rr 803 – 805 amd No. 53, 2012, r 5
r 806 amd No. 26, 2013, r 16; No. 45, 2014, r 5
r 807 amd No. 26, 2013, r 17
r 808 amd No. 26, 2013, r 18
r 809 amd No. 53, 2012, r 5; No. 40, 2013, r 18
r 810 amd No. 26, 2013, r 19
r 812 amd No. 26, 2013, r 20
r 817 amd No. 26, 2013, r 21
r 818 amd No. 26, 2013, r 22
r 823 amd No. 26, 2013, r 23
r 824 amd No. 53, 2012, r 5
ch 13 hdg ins No. 8, 2012, r 8
rr 830 – 831 ins No. 8, 2012, r 8
r 832 ins No. 8, 2012, r 8
amd No. 26, 2013, r 24
r 833 ins No. 8, 2012, r 8
ch 14 hdg ins No. 1, 2016, r 14
r 834 ins No. 1, 2016, r 14
sch 2 amd No. 8, 2012, r 9; No. 40, 2014, r 31; No. 18, 2021, r 4
sch 3 amd No. 40, 2014, r 32; No. 19, 2017, r 13
sch 4 amd No. 19, 2017, r 14
sch 5 amd No. 40, 2014, r 33; No. 19, 2017, r 15; No. 34, 2020, r 11
sch 6 amd No. 40, 2014, r 34; No. 34, 2020, r 12
sch 7 amd No. 34, 2020, r 13
sch 8 amd No. 34, 2020, r 14
sch 10 amd No. 40, 2014, r 35
sch 11 amd No. 34, 2020, r 15
sch 13 amd No. 40, 2014, r 37; No. 19, 2017, r 16
sch 15 amd No. 8, 2012, r 10; No. 40, 2014, r 36
sch 16 amd No. 40, 2014, r 37
sch 19 amd No. 20, 2020, r 4; No. 34, 2020, r 16
0
0
0