Work Health and Safety Regulation 2011 (NSW)

Work Health and Safety Regulation 2011

[2011-674]

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Historical version for 1 July 2016 to 7 July 2016 (accessed 11 January 2019 at 13:17)
Legislation on this site is usually updated within 3 working days after a change to the legislation.

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Statute Law (Miscellaneous Provisions) Act 2016 No 27 (not commenced — to commence on 8.7.2016)

Authorisation
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File last modified 1 July 2016.

Work Health and Safety Regulation 2011

[2011-674]

Contents

Work Health and Safety Regulation 2011

Chapter 1 Preliminary

Part 1.1 Introductory matters

Note.

 The numbering of provisions of this Regulation closely corresponds to the same numbering of regulations in model regulations prepared for and approved by the Council of Australian Governments. To maximise uniformity between this Regulation and the model regulations, the numbers of some provisions in the model regulations that are not relevant have not been used in the numbering of provisions of this Regulation, unless required for provisions particular to the State.

Adoption of the numbering of the model regulations also results in alphanumeric numbering (for example, clause 272A and Schedule 18A) being used to insert further provisions particular to the State.

1   Name of Regulation

This Regulation is the Work Health and Safety Regulation 2011.

2   Commencement

(1)  This Regulation (subject to subclause (2)) commences on 1 January 2012 and is required to be published on the NSW legislation website.

(2)  Clause 164 commences on 1 January 2013.

3   Authorising provisions

* * * * *

Note.

 The Model Work Health and Safety Regulations contain a provision dealing with authorising provisions of legislation.

4   Repeal

The Regulations listed in Schedule 1 are repealed.

5   Definitions

(1)  In this Regulation:

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 the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition, approved by the Australian Transport Council.

Note.

 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.

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 clause 429 or 432.

asbestos register—see clause 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 clause 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 square metres heating surface or 150 kilowatt 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 litres or net mass of more than 500 kilograms, or

(b)  if the hazardous chemical is a solid—an undivided quantity exceeding 500 kilograms.

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 clause 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, in 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 clause 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 clause 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 clause 474.

clearance inspection—see clause 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 liquid, other than a flammable liquid, that has a flash point, and a fire point less than its boiling point.

combustible substance means a substance that is combustible, and includes dust, fibres, fumes, mists or vapours produced by the substance.

Examples.

 Wood, paper, oil, iron filings.

competency assessment, in 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 clauses 150 and 165)—a person who is authorised under the Home Building Act 1989 to do electrical wiring work,

(b)  for general diving work—see clauses 174 and 177,

(c)  for a major inspection of a mobile crane or a tower crane under clause 235—see clause 235,

(d)  for an inspection of an amusement device or passenger ropeway under clause 241—see clause 241,

(e)  for design verification under clause 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 clause 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 a knuckle 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 clause 67.

construction project—see clause 292.

construction work—see clause 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.

 Part 1 of Schedule 9 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.

demolition work means work to demolish or dismantle a structure, or part of a structure that is loadbearing or otherwise related to the physical integrity of the structure, but 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 clause 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, in Part 3.1, means a person referred to in clause 32.

EANx, in Part 4.8, means a mixture of oxygen and nitrogen in which the volume of oxygen is at least 22%.

earthmoving machinery 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 clause 144 (and clause 148 for Division 3 of Part 4.7).

electrical installation—see clause 145 (and clause 148 for Division 3 of Part 4.7).

electrical risk means risk to a person of death, shock or other injury caused directly or indirectly by electricity.

electrical work—see clause 146.

electricity supply authority means a person or body engaged in the distribution of electricity to the public or in the generation of electricity for supply, directly or indirectly, to the public whether by statute, franchise agreement or otherwise and includes:

(a)  an energy services corporation within the meaning of the Energy Services Corporations Act 1995, and

(a1)  a network operator within the meaning of the Electricity Supply Act 1995, and

(b)  the Country Rail Infrastructure Authority constituted by the Transport Administration Act 1988, and

(c)  Rail Corporation New South Wales, and

(d)  Transport for NSW, and

(e)  the Water Administration Ministerial Corporation constituted by the Water Management Act 2000.

emergency service organisation includes any of the following:

(a)  the Ambulance Service of NSW,

(b)  Fire and Rescue NSW,

(c)  the NSW Rural Fire Service,

(d)  the NSW Police Force,

(e)  the State Emergency Service,

(f)  the NSW Volunteer Rescue Association Inc,

(g)  the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,

(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.

emergency service worker includes an officer, employee or member of any of the following:

(a)  the Ambulance Service of NSW,

(b)  Fire and Rescue NSW,

(c)  the NSW Rural Fire Service,

(d)  the NSW Police Force,

(e)  the State Emergency Service,

(f)  the NSW Volunteer Rescue Association Inc,

(g)  the New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,

(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.

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 1912 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.

exposure standard for noise—see clause 56.

external review means an external review under Part 11.1.

extra-low voltage means voltage that does not exceed 50 volts alternating current (50V AC) or 120 volts ripple-free direct current (120V ripple-free DC).

facility, in 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.

 An industrial safety net, a catch platform, a safety harness system (other than a system that relies entirely on a restraint technique system).

fault, in relation to plant, means a break or defect that may cause the plant to present a risk to health and safety.

female of reproductive capacity, in Part 7.2, means a female other than a female who provides information stating that she is not of reproductive capacity.

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 2299.1:2007 (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.

forklift truck, in 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 900mm 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 litres water capacity and is without openings or integral attachments on the shell other than at the ends, and

(b)  that is designed for the storage and transport of gas under pressure, and

(c)  that is covered by AS 2030.1:2009 (Gas cylinders—General requirements).

general construction induction training means training delivered in Australia by an RTO for the specified VET course for general construction induction training.

general construction induction training card means:

(a)  in Division 2 of Part 6.5—a general construction induction training card issued under that Division,

(b)  in any other case—a general construction induction training card issued:

(i)  under Division 2 of Part 6.5 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 construction induction training certification means a certification for the completion of the specified VET course for general construction induction training.

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, Third revised edition, published by the United Nations as modified under Schedule 6.

Note.

 The Schedule 6 tables replace some tables in the GHS.

hazard category means a division of criteria within a hazard class in the GHS.

hazard class means the nature of a physical, health or environmental hazard under the GHS.

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 a hazard class in the GHS (including a classification referred to in Schedule 6), but does not include a substance, mixture or article that satisfies the criteria solely for one of the following hazard classes:

(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)  serious eye damage/eye irritation—category 2B,

(f)  aspiration hazard—category 2,

(g)  flammable gas—category 2,

(h)  acute hazard to the aquatic environment—category 1, 2 or 3,

(i)  chronic hazard to the aquatic environment—category 1, 2, 3 or 4,

(j)  hazardous to the ozone layer.

Note.

 The Schedule 6 tables replace some tables in the GHS.

hazardous manual task means a task that requires a person to lift, lower, push, pull, carry or otherwise move, hold or restrain any person, animal or thing that involves 1 or more of the following:

(a)  repetitive or sustained force,

(b)  high or sudden force,

(c)  repetitive movement,

(d)  sustained or awkward posture,

(e)  exposure to vibration.

Examples.

 

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 because of exposure to certain substances.

heritage boiler means a boiler that:

(a)  was manufactured before 1952, and

(b)  is used for a historical purpose or activity, including an activity that is ancillary to a historical activity.

Examples.

 

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 clause 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 1 or more of the following:

(i)  construction work,

Notes.

 

1   

Subparagraph (ii) includes some additional construction-related activities.

2   

For construction work generally, see Chapter 6. For the meaning of construction work, see clause 289.

(ii)  work of the kind described in clause 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.

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

Example.

 Acting underwater is incidental to the business or undertaking of filming.

(b)  involves limited diving.

(c)    (Repealed)

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 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 clause 392.

lead process area means a workplace or part of a workplace where a lead process is carried out.

lead risk work—see clause 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 this Regulation 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, escalator, moving walkway 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 metres,

(b)  the need for a decompression stop,

(c)  the use of mechanical lifting equipment or a buoyancy lifting device,

(d)  diving beneath anything that would require the diver to move sideways before being able to ascend,

(e)  the use of plant that is powered from the surface,

(f)  diving for more than 28 days during a period of 6 months.

limited scientific diving work means general diving work that:

(a)  is carried out for the purpose of professional scientific research, natural resource management or scientific research as an educational activity, and

(b)  involves only limited diving.

local authority, in relation to a facility, means the local authority for the local authority 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 clause 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.

 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)].

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 clause 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.

 Non-friable asbestos may become friable asbestos through deterioration (see definition of 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 clause 533.

operator protective device, includes a roll-over protective structure, falling object protective structure, operator restraining device and seat belt.

order-picking forklift truck, in Schedules 3 and 4, means a forklift truck where the operator’s controls are incorporated with the lifting media and elevate with the lifting media.

packaged hazardous chemicals means Schedule 11 hazardous chemicals in a container with:

(a)  a capacity not exceeding 500 litres, or

(b)  a net mass not exceeding 500 kilograms.

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.

 An elevating system for a log ride or boat flume ride.

(g)  a winding system in a mine.

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, in 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 (the platform), 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 1 or more forms of radiation either self-generated or otherwise generated by pressure, and

(b)  the interface between the final switching devices of the sensing system and the machine primary control elements, and

(c)  the machine stopping capabilities, by which the presence of a person or part of a person within the sensing field will cause the dangerous parts of a machine to be brought to a safe state.

pressure equipment means boilers, pressure vessels and pressure piping.

pressure piping:

(a)  means an assembly of pipes, pipe fittings, valves and pipe accessories subject to internal or external pressure and used to contain or convey liquid or to transmit liquid 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 Gas Supply Act 1996, the Petroleum (Offshore) Act 1982 or the Pipelines Act 1967.

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 Fire and Rescue NSW.

principal contractor, in relation to a construction project—see clause 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, in Chapter 7, means:

(a)  for a hazardous chemical that is not a liquid or a gas or a gas under pressure and is in a container or storage or handling system—the mass in kilograms of the hazardous chemical in the container or storage or handling system, and

(b)  for a hazardous chemical that is a liquid and is not a gas under pressure and is in a container or storage or handling system—the net capacity in litres of the container or storage or handling system, and

(c)  for a hazardous chemical that is a gas or gas under pressure in a container or storage or handling system—the water capacity in litres of the container or storage or handling system, and

(d)  for a hazardous chemical that is 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 that:

(a)  is listed as a registered training organisation on the National Register established under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth, and

(b)  has entered into an agreement with the regulator to deliver training and conduct assessments.

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 micrometres wide, and

(b)  more than 5 micrometres long, and

(c)  has a length to width ratio of more than 3:1.

restricted carcinogen means a substance:

(a)  listed in Schedule 10, table 10.2, column 2 for a use listed in column 3, and

(b)  present in a concentration of:

(i)  for a solid or liquid—0.1% or more, determined as a weight/weight (w/w) concentration, and

(ii)  for a gas—0.1% or more, determined as a volume/volume (v/v) concentration.

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 the Safe Work Australia Act 2008 of the Commonwealth.

safe work method statement means:

(a)  in relation to electrical work on energised electrical equipment—a safe work method statement prepared under clause 161,

(b)  in relation to high risk construction work—a safe work method statement referred to in clause 299 (as revised under clause 302).

safety data sheet means a safety data sheet prepared under clause 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 metres 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.

structure, in Chapter 6—see clause 290.

substance, in Part 7.1, means a chemical element or compound in its natural state or obtained or generated by a process:

(a)  including any additive necessary to preserve the stability of the element or compound and any impurities deriving from the process, but

(b)  excluding any solvent that may be separated without affecting the stability of the element or compound, or changing its composition.

supplier, in relation to plant, a substance or a structure, has the 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 definition of chemical 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 the Work Health and Safety 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 clause 3 of Schedule 15, or

(b)  the aggregate threshold quantity of 2 or more hazardous chemicals as determined under clause 4 of Schedule 15.

tower crane means:

(a)  a boom crane or a jib crane 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, in Schedule 3, 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.

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.

turbine means equipment that is driven by steam acting on a turbine or rotor to cause a rotary motion.

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 the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.

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.

Workplace Exposure Standards for Airborne Contaminants means the Workplace Exposure Standards for Airborne Contaminants published by Safe Work Australia on its website with a date of effect of 18 April 2013 as in force or remade from time to time.

(2)  * * * * *

Note.

 Not required in NSW.

5A   Meaning of “corresponding WHS law”

For the purposes of paragraph (b) of the definition of corresponding WHS law in section 4 of the Act, the Work Health and Safety (National Uniform Legislation) Act 2011 of the Northern Territory is prescribed as such a law.

6   Determination of safety management system

The regulator may make a determination for the purposes of the definition of certified safety management system.

7   Meaning of “person conducting a business or undertaking”—persons excluded

(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)  Subclause (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 1 or more community purposes where:

(a)  the incorporated association, either alone or jointly with any other similar incorporated association, does not employ any person to carry out work for the incorporated association, and

(b)  none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the incorporated association.

(4)  In this clause, strata title body corporate means an owners corporation constituted under the Strata Schemes Management Act 1996.

8   Meaning of supply

For the purposes of section 6 (3) (b) of the Act, a supply of a thing does not include the supply of a thing by a person who does not control the supply and has no authority to make decisions about the supply.

Examples.

 

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 this Regulation states “WHS Act” followed by a reference to a section number, the clause 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 clause provision.

Note.

 A failure to comply with a duty or obligation under a section of the Act referred to in a “WHS Act” note is an offence to which a penalty applies.

Part 1.2 Application

10   Application of the Act to dangerous goods and high risk plant

(1)  The following provisions of the Act are excluded from the operation of Schedule 1 to the Act:

(a)  Divisions 2 to 8 of Part 5,

(b)  Part 6,

(c)  Part 7.

(1A)  Dangerous goods (within the meaning of the ADG Code) listed in Column 2 of the Table to clause 328 (1A) are prescribed for the purposes of Schedule 1 to the Act as dangerous goods if the quantity of the goods at a place is more than the relevant threshold for the goods referred to in Column 3 of that Table.

(1B)  The following plant is prescribed as high risk plant for the purposes of Schedule 1 to the Act:

(a)  boilers categorised as hazard level A, B or C according to criteria in section 2.1 of AS:4343:2005 (Pressure equipment—Hazard levels),

(b)  pressure vessels categorised as hazard level A, B or C according to the criteria in section 2.1 of AS:4343:2005 (Pressure equipment—Hazard levels), except:

(i)  LP Gas fuel vessels for automotive use, and

(ii)  serially produced vessels,

(c)  lifts, including escalators and moving walkways,

(d)  amusement devices covered by section 2.1 of AS:3533.1:2009 (Amusement rides and devices—Design and construction), except devices specified in subclause (1C),

(e)  gas cylinders.

(1C)  Subclause (1B) (d) does not apply to the following:

(a)  class 1 devices,

(b)  playground devices,

(c)  water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure,

(d)  wave generators where patrons do not come into contact with the parts of machinery used for generating water waves,

(e)  inflatable devices that are sealed,

(f)  inflatable devices that do not use a non-return valve.

11   Application of this Regulation

A duty imposed on a person under a provision of this Regulation 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 this Regulation.

12   Assessment of risk in relation to a class of hazards, tasks, circumstances or things

If this Regulation require an assessment of risks to health and safety associated with a hazard, task, thing or circumstance, an assessment of risks associated with a class of hazards, tasks, things or circumstances may be conducted if:

(a)  all hazards, tasks, things or circumstances in the class are the same, and

(b)  the assessment of risks for the class does not result in any worker or other person being exposed to a greater, additional or different risk to health and safety than if the risk assessment were carried out in relation to each individual hazard, task, thing or circumstance.

Part 1.3 Incorporated documents

13   Documents incorporated as in force when incorporated

A reference to any document applied, adopted or incorporated by, or referred to in, this Regulation is to be read as a reference to that document as in force at the time the document is applied, adopted, incorporated or referred to unless express provision is made to the contrary.

14   Inconsistencies between provisions

If a provision of any document applied, adopted or incorporated by, or referred to in, this Regulation is inconsistent with any provision in this Regulation, the provision of this Regulation prevails.

15   References to standards

(1)  In this Regulation, 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 this Regulation, a reference consisting of the expression “Australian/New Zealand Standard” or “AS/NZS” followed in either case by a number or a number accompanied by a reference to a calendar year is a reference to the standard so numbered published jointly by or on behalf of Standards Australia and the Standards Council of New Zealand.

Chapter 2 Representation and participation

Part 2.1 Representation

Division 1 Work groups

16   Negotiations for and determination of work groups

Negotiations for and determination of work groups and variations of work groups must be directed at ensuring that the workers are grouped in a way that:

(a)  most effectively and conveniently enables the interests of the workers, in relation to work health and safety, to be represented, and

(b)  has regard to the need for a health and safety representative for the work group to be readily accessible to each worker in the work group.

Note.

 Under the Act, a work group may be determined for workers at more than 1 workplace (section 51 (3)) or for workers carrying out work for 2 or more persons conducting businesses or undertakings at 1 or more workplaces (Subdivision 3 of Division 3 of Part 5 of the Act).

17   Matters to be taken into account in negotiations

For the purposes of sections 52 (6) and 56 (4) of the Act, negotiations for and determination of work groups and variation of agreements concerning work groups must take into account all relevant matters, including the following:

(a)  the number of workers,

(b)  the views of workers in relation to the determination and variation of work groups,

(c)  the nature of each type of work carried out by the workers,

(d)  the number and grouping of workers who carry out the same or similar types of work,

(e)  the areas or places where each type of work is carried out,

(f)  the extent to which any worker must move from place to place while at work,

(g)  the diversity of workers and their work,

(h)  the nature of any hazards at the workplace or workplaces,

(i)  the nature of any risks to health and safety at the workplace or workplaces,

(j)  the nature of the engagement of each worker, for example as an employee or as a contractor,

(k)  the pattern of work carried out by workers, for example whether the work is full-time, part-time, casual or short-term,

(l)  the times at which work is carried out,

(m)  any arrangements at the workplace or workplaces relating to overtime or shift work.

Division 2 Health and safety representatives

18   Procedures for election of health and safety representatives

(1)  This clause 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, or

(b)  in the case of a body corporate—$18,000.

20   Removal of health and safety representatives

(1)  For the purposes of section 64 (2) (d) of the Act, the majority of the members of a work group may remove a health and safety representative for the work group if the members sign a written declaration that the health and safety representative should no longer represent the work group.

(2)  A member of the work group nominated by the members who signed the declaration must, as soon as practicable:

(a)  inform the following persons of the removal of the health and safety representative:

(i)  the health and safety representative who has been removed,

(ii)  each person conducting a business or undertaking in which a worker in the work group works, and

(b)  take all reasonable steps to inform all members of the work group of the removal.

(3)  The removal of the health and safety representative takes effect when the persons referred to in subclause (2) (a) and the majority of members of the work group have been informed of the removal.

21   Training for health and safety representatives

(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 5 days,

(b)  1 day’s refresher training each year, with the entitlement to the first refresher training commencing 1 year after the initial training.

(2)  In approving a course of training in work health and safety for the purposes of section 72 (1) of the Act, the 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.

(3)  The regulator may revoke or vary an approval under this clause.

(4)  The regulator may impose conditions on an approval under this clause and may vary those conditions.

Note.

 This clause 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.

Part 2.2 Issue resolution

22   Agreed procedure—minimum requirements

(1)  This clause 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 clause 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 subclause (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, or

(b)  in the case of a body corporate—$18,000.

23   Default procedure

(1)  This clause 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.

 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.

Part 2.3 Cessation of unsafe work

24   Continuity of engagement of worker

For the purposes of section 88 of the Act, the prescribed purposes are the assessment of eligibility for, or the calculation of benefits for, any benefit or entitlement associated with the worker’s engagement, including 1 or more of the following:

(a)  remuneration and promotion, as affected by seniority,

(b)  superannuation benefits,

(c)  leave entitlements,

(d)  any entitlement to notice of termination of the engagement.

Part 2.4 Workplace entry by WHS entry permit holders

25   Training requirements for WHS entry permits

(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 this Regulation,

(c)  the duties under, and the framework of, the Act and this Regulation,

(d) the requirements for the management of risks under section 17 of the Act,

(e)  the meaning of reasonably practicable as set out in section 18 of the Act,

(f) the relationship between the Act and this Regulation and the Fair Work Act and the Industrial Relations Act 1996.

(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 this Regulation.

(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.

(4)  The regulator may revoke or vary an approval under this clause.

(5)  The regulator may impose conditions on an approval under this clause and may vary those conditions.

26   Form of WHS entry permit

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.

27   Notice of entry—general

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 clause 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.

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.

29   Additional requirements—entry under section 120

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.

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.

30   Additional requirements—entry under section 121

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.

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.

31   Register of WHS entry permit holders

For the purposes of section 151 of the Act, the authorising authority 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.

Note.

The authorising authority in NSW is the Industrial Relations Commission—see section 4 of the Act.

Chapter 3 General risk and workplace management

Part 3.1 Managing risks to health and safety

32   Application of Part 3.1

This Part applies to a person conducting a business or undertaking who has a duty under this Regulation to manage risks to health and safety.

33   Specific requirements must be complied with

Any specific requirements under this Regulation for the management of risk must be complied with when implementing the requirements of this Part.

Examples.

 

1   

A requirement not to exceed an exposure standard.

2   

A duty to implement a specific control measure.

3   

A duty to assess risk.

34   Duty to identify hazards

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.

35   Managing 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.

36   Hierarchy of control measures

(1)  This clause 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 clause.

(3)  The duty holder must minimise risks, so far as is reasonably practicable, by doing 1 or more of the following:

(a)  substituting (wholly or partly) the hazard giving rise to the risk with something that gives rise to a lesser risk,

(b)  isolating the hazard from any person exposed to it,

(c)  implementing engineering controls.

(4)  If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by implementing administrative controls.

(5)  If a risk then remains, the duty holder must minimise the remaining risk, so far as is reasonably practicable, by ensuring the provision and use of suitable personal protective equipment.

Note.

 A combination of the controls set out in this clause may be used to minimise risks, so far as is reasonably practicable, if a single control is not sufficient for the purpose.

37   Maintenance of control measures

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.

38   Review of control measures

(1)  A duty holder must review and as necessary revise control measures implemented under this Regulation so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.

(2)  Without limiting subclause (1), the duty holder must review and as necessary revise a control measure in the following circumstances:

(a)  the control measure does not control the risk it was implemented to control so far as is reasonably practicable,

Examples.

 

1   

The results of monitoring show that the control measure does not control the risk.

2   

A notifiable incident occurs because of the risk.

(b)  before a change at the workplace that is likely to give rise to a new or different risk to health or safety that the measure may not effectively control,

(c)  a new relevant hazard or risk is identified,

(d)  the results of consultation by the duty holder under the Act or this Regulation indicate that a review is necessary,

(e)  a health and safety representative requests a review under subclause (4).

(2)  Clause 243 of the WHS Regulation does not apply to an item of plant that was designed before 1 September 2001.

(3)  The following arrangements apply for the application of clause 243 of the WHS Regulation to plant of a kind that was not required to be registered under the OHS Regulation before the repeal of that Regulation:

(a) clause 243 does not apply to the design of an item of plant where the design was completed before the commencement of the WHS Act,

(b)  clause 243 does not apply:

(i) for 24 months after the commencement of the WHS Act to the design of prefabricated formwork, and

(ii) for 12 months after the commencement of the WHS Act to the design of any other item of plant,

where the design was completed after the commencement of the WHS Act.

31   Registration of plant

(1)  Subject to subclause (2), Division 2 of Part 5.3 of the WHS Regulation does not apply until 1 January 2018, and Subdivision 2 of Division 3 of Part 5.2 of the OHS Regulation continues to apply until 1 January 2018 as if it had not been repealed.

(2)  Subclause (1) does not extend to an item of plant specified in Part 2 of the Table to clause 113 of the OHS Regulation to the extent that it relates to Subdivision 2 of Division 3 of Part 5.2 of that Regulation.

32   Construction work—duties of designer of structure and person who commissions work

Part 6.2 of the WHS Regulation does not apply for 12 months after the commencement of the WHS Act.

33   Safe work method statement required for high risk construction work

A written safe work method statement for construction work that was provided to a principal contractor in compliance with clause 227 of the OHS Regulation and that is current immediately before the repeal of that Regulation is deemed to have been prepared as a safe work method statement for that work for the purposes of clause 299 of the WHS Regulation, but only for 12 months after the commencement of the WHS Act.

34   WHS management plan

An OHS management plan prepared in compliance with clause 226 of the OHS Regulation and that is current immediately before the repeal of that Regulation is deemed to have been prepared as a WHS management plan for the purposes of compliance with clause 309 of the WHS Regulation, but only for 12 months after the commencement of the WHS Act.

35   Issue of general construction induction training card

(1)  An OHS construction induction training card issued under clause 220 of the OHS Regulation (including a former OHS induction training certificate that is taken to be an OHS construction induction training card pursuant to clause 221 of that Regulation) that is in force immediately before the repeal of that Regulation is deemed to have been issued as a general construction induction training card under clause 319 of the WHS Regulation.

(2)  An application for the issue of an OHS construction induction training card under clause 220 of the OHS Regulation made but not determined before the repeal of that Regulation is deemed to be an application for the issue of a general construction induction training card under clause 319 of the WHS Regulation.

(3)  A statement of OHS induction training issued under clause 220 of the OHS Regulation within 30 days before the repeal of that Regulation is deemed to be a general construction induction training certification issued under clause 317 (2) (b) of the WHS Regulation (and for that purpose is deemed to have been issued on the date that it was issued under the OHS Regulation).

36   Classification and labelling of hazardous chemicals—compliance with GHS

Compliance with the relevant requirements of the following publications is deemed to constitute compliance with the GHS for the purposes of a provision of the WHS Regulation that requires something to be done in compliance or accordance with the GHS, but only for 5 years after the commencement of the WHS Act:

(a)  the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Ministerial Council for Road Transport and published by the Australian Government from time to time (referred to in this Part as the ADG Code),

(b)  the Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008(2004)].

37   Notification if manifest quantities exceeded

Clause 348 of the WHS Regulation does not apply until 1 January 2015, and clause 174ZS of the OHS Regulation continues to apply until 1 January 2015 as if it had not been repealed.

38   Using, handling and storing prohibited and restricted carcinogens

Clauses 380 and 381 of the WHS Regulation do not require the use, handling or storing of a prohibited or restricted carcinogen to be authorised by the regulator under clause 384 of that Regulation if notice of the proposed work was given in compliance with clause 345 of the OHS Regulation before the repeal of that Regulation, but only for the period of 5 years after the notice of the proposed work was given.

39   Pipelines

(1)  Clause 390 (2) of the WHS Regulation does not apply in respect of a pipeline the building of which commenced before the commencement of the WHS Regulation (an existing pipeline) whether or not building of the pipeline was completed before that commencement.

(2)  Clause 390 (3) of the WHS Regulation extends to an existing pipeline subject to the following qualifications:

(a) an obligation to give the regulator information about matters that occurred before the commencement of the WHS Act does not apply to an existing pipeline,

(b)  an obligation to give the regulator information about a matter concerning an existing pipeline that occurs within 12 months after that commencement is satisfied if that information is given at any time within that 12 months.

(3) Clause 390 (2) of the WHS Regulation is sufficiently complied with in respect of a pipeline the building of which commences during the period of 12 months after the commencement of the WHS Act if the information required to be given to the regulator is given before the end of that 12-month period (rather than before the building of the pipeline commences) but only if the pipeline would not have been required to be approved under clause 192 of the Dangerous Goods (General) Regulation 1999 (as continued by clause 3 of Schedule 3 to the OHS Regulation) had it been constructed before the repeal of the OHS Regulation.

(4) The requirement to notify the regulator under clause 391 (3) of the WHS Regulation does not apply for 12 months after the commencement of the WHS Act to a pipeline constructed before the commencement of the WHS Act if the pipeline was not required to be approved under clause 192 of the Dangerous Goods (General) Regulation 1999 (as continued by clause 3 of Schedule 3 to the OHS Regulation).

Division 2 Asbestos

40   Asbestos licences

(1)  A licence to carry on the business of friable asbestos removal work in force under the OHS Regulation immediately before the repeal of that Regulation is deemed to have been issued as a Class A asbestos removal licence under the WHS Regulation.

(2)  A licence to carry on the business of bonded asbestos removal work in force under the OHS Regulation immediately before the repeal of that Regulation is deemed to have been issued as a Class B asbestos removal licence under the WHS Regulation.

(3)  An application for a licence to carry on the business of friable asbestos removal work or the business of bonded asbestos removal work made but not finally determined before the repeal of the OHS Regulation is deemed to be an application made under the WHS Regulation for the equivalent licence under that Regulation.

(4)  A person who completed a course of training recognised by WorkCover in relation to asbestos removal work as referred to in clause 320 (2) (b) of the OHS Regulation before the repeal of that Regulation is deemed to have successfully completed the specified VET course for the supervision of that asbestos removal work as referred to in clauses 493 and 494 of the WHS Regulation.

41   Registers and plans

(1) The register kept by a person under clause 44 of the OHS Regulation is deemed to be kept for the purposes of clause 425 of the WHS Regulation, but only for 12 months after the commencement of the WHS Act.

(2) An asbestos management plan prepared for the purposes of compliance with clause 259 (1) of the OHS Regulation and in force immediately before the repeal of that Regulation is deemed to have been prepared as an asbestos management plan for the purposes of clauses 429 and 432 of the WHS Regulation, but only for 12 months after the commencement of the WHS Act.

(3) An asbestos removal plan prepared for the purposes of compliance with clause 259 (1) of the OHS Regulation and in force immediately before the repeal of that Regulation is deemed to have been prepared as an asbestos removal control plan for the purposes of clause 464 of the WHS Regulation, but only for 12 months after the commencement of the WHS Act.

(4) Clause 428 (Transfer of asbestos register by person relinquishing management or control) does not apply for 6 months after the commencement of the WHS Act.

42   Health monitoring of workers

Clause 435 (2) of the WHS Regulation does not apply for 12 months after the commencement of that Regulation.

43   Training

Clauses 434 (Training in relation to naturally occurring asbestos) and 445 (Duty to train workers about asbestos) of the WHS Regulation do not apply for 12 months after the commencement of that Regulation.

44   Decontamination and labelling of personal protective equipment

Clause 472 (3) of the WHS Regulation does not apply for 6 months after the commencement of that Regulation.

45   Clearance inspection for licensed asbestos work

(1)  Clause 473 of the WHS Regulation does not apply until 1 January 2013.

(2)  During the period from 1 January 2013 until 30 June 2013 the following arrangements apply for the operation of clause 473:

(a)  a person is deemed to be a licensed asbestos assessor (for the purposes of clause 473 (2) (a)) if the person has acquired the knowledge and skills and holds a certification or qualification (as referred to in clause 495) required for the grant of such a licence, even though the person has not been granted such a licence,

(b)  a person is deemed to be a competent person (for the purposes of clause 473 (2) (b)) if the person has acquired through training, qualifications and experience the knowledge and skills to carry out a clearance inspection under that clause.

46   Air monitoring—asbestos removal requiring Class A licence

Air monitoring of an asbestos removal area at a workplace that is required to be carried out under clause 475 of the WHS Regulation within 18 months after the commencement of the WHS Act may be carried out:

(a)  by a person competent to carry out atmospheric monitoring at the workplace as provided by clause 261 of the OHS Regulation, instead of being carried out by a licensed asbestos assessor, and

(b)  as required by clause 261 of the OHS Regulation, instead of as required by clause 475 of the WHS Regulation.

Division 3 Major hazard facilities

47   Provisionally registered major hazard facilities

(1)  A facility that was provisionally registered as a major hazard facility under clause 175M of the OHS Regulation immediately before the repeal of that Regulation (a transitional facility) is deemed to have been determined under clause 542 of the WHS Regulation to be a major hazard facility.

(2)  Any conditions to which the provisional registration of a major hazard facility was subject immediately before the repeal of the OHS Regulation are deemed to have been imposed under clause 544 of the WHS Regulation on the determination of the facility as a major hazard facility under that Regulation.

(3)  The requirement under clause 560 of the WHS Regulation for a completed safety case to have been provided to the regulator is sufficiently complied with in relation to a transitional facility if the requirement is complied with within the period allowed by the regulator for compliance with the requirement for provision of a safety report under the OHS Regulation.

48   Hazard facility notification

(1)  A hazard facility notification under Part 6B.4 of the OHS Regulation is deemed to be a notification for the purposes of Part 9.2 of the WHS Regulation.

(2)  An obligation that arises under Part 9.2 of the WHS Regulation on the commencement of that Regulation and that requires the operator of a facility to notify the regulator of certain matters (or matters in addition to those already notified pursuant to an obligation arising under the OHS Regulation) is sufficiently complied with if it is complied with within 12 months after the commencement of the WHS Regulation.

49   Emergency plans

The following transitional arrangements apply in respect of the operation of clause 557 of the WHS Regulation for 12 months after the commencement of the WHS Act:

(a)  the requirement under clause 557 (1) (b) that the emergency plan includes all matters specified in Schedule 16 does not apply,

(b)  the requirement under clause 557 (3) that the emergency plan must address certain recommendations made by emergency service organisations does not apply,

(c)  the requirement under clause 557 (4) to have regard to certain recommendations and advice applies to all recommendations and advice given by a person consulted under clause 557 (2),

(d)  the requirement under clause 557 (6) to test the emergency plan does not apply.

50   Registered major hazard facilities

(1)  A facility that was registered as a major hazard facility under clause 175R of the OHS Regulation immediately before the repeal of that Regulation is deemed to be a licensed major hazard facility and to have had its major hazard facility licence under the WHS Regulation granted on the date of its registration as a major hazard facility under the OHS Regulation.

(2) A safety report submitted to the regulator in compliance with clause 175R (3) (d) of the OHS Regulation is deemed to be a completed safety case for the facility provided to the regulator in compliance with clause 560 of the WHS Regulation, for 2 years after the commencement of the WHS Act.

51   Pending applications

(1)  An application for registration of a major hazard facility that is pending under the OHS Regulation immediately before the repeal of that Regulation (a transitional application) is to be dealt with and determined as an application for a licence for the major hazard facility under the WHS Regulation.

(2) The regulator may accept as a transitional application an application for registration of a major hazard facility made during the 12 months after the commencement of the WHS Act that would have been made in compliance with the OHS Regulation if it had been made before the repeal of that Regulation.

(3)  The following provisions apply in respect of a transitional application, subject to any directions of the regulator:

(a)  the application is deemed to have been made in accordance with the WHS Regulations,

(b)  the application is to be dealt with and determined on the basis of any document, information or other material provided to the regulator in connection with the application for registration under the OHS Regulation,

(c)  a safety report for the facility submitted in compliance with clause 175R (3) (d) of the OHS Regulation is deemed to be a completed safety case for the facility provided to the regulator in accordance with Division 4 of Part 9.3 of the WHS Regulation.

52   Provision of information

The following provisions of the WHS Regulation do not apply for 12 months after the commencement of the WHS Act:

(a)  Clause 571 (Information for visitors),

(b)  Clause 572 (Information for local community—general),

(c)  Clause 573 (Information for local community—major incident).

Division 4 Mines and coal mines

53   Plant registration

(1)  Subclauses (5) and (6) of clause 136 (Use of plant—registration requirements) of the OHS Regulation continue to apply as that clause had not been repealed to and in respect of plant used at a mining workplace that is a mine, or a coal workplace.

(2)  For the purposes of the operation of clause 136 (5) and (6) of the OHS Regulation under this clause, Division 3 of Part 5.2 of the OHS Regulation continues to apply as if it had not been repealed to and in respect of plant used at a mining workplace that is a mine, or a coal workplace.

(3)  This clause ceases to have effect on 1 July 2015.

54   Electrical work on energised electrical equipment

(1)  Division 4 of Part 4.7 of the WHS Regulation is subject to the additional requirement that a person conducting a business or undertaking must ensure that, before electrical work on energised electrical equipment at a mining workplace or coal workplace commences, notice is given of the proposed work at least 7 days before the work commences to an inspector appointed in relation to the mining workplace or coal workplace.

(2)  This clause ceases to have effect on the commencement of the Work Health and Safety (Mines) Regulation 2014.

54A   Induction training

(1)  A person is not required to undertake general induction training, or to ensure that such training is undertaken in relation to a person carrying on construction work at a mine, if:

(a)  the person carrying on construction work is not principally or regularly engaged in construction work at the mine, and

(b)  the person carrying on construction work has been provided with site induction training that:

(i)  covers the relevant health and safety topics set out in the National Code of Practice for Induction for Construction Work (May 2007) prepared by the Commonwealth, and

(ii)  relates to the particular mine at which the construction work is to be carried out.

(2)  This clause ceases to have effect on 31 December 2015.

Part 6 Authorisations under OHS laws

55   Definitions and application

(1)  In this clause:

authorisation includes licence, permit, registration and other authority.

granted includes issued and given.

(2)  This Part is subject to any other provision of this Schedule that makes provision in respect of a particular authorisation.

56   Authorisations in force under OHS laws

An authorisation in force under a provision of the OHS laws immediately before the repeal of the OHS Act:

(a)  is deemed to be an authorisation for the purposes of and granted under the equivalent provision of the WHS laws, and

(b)  is deemed to have been granted on the date on which, and for the period for which, it was granted under the OHS laws.

57   Pending applications for authorisations

(1)  An application for an authorisation under the OHS laws made but not determined (by grant or refusal) before the repeal of the OHS Act (a transitional application) is deemed to have been made under the equivalent provision of the WHS laws.

(2) A transitional application that is not determined (by grant or refusal) within 12 months after the commencement of the WHS Act lapses and is no longer subject to this clause.

(3) A decision to grant or refuse a transitional application made within 12 months after the commencement of the WHS Act is subject to review in accordance with the OHS laws.

(4)  The regulator may determine that this clause should not apply to an application for an authorisation because there is a substantial difference in the training requirements or qualifications for the authorisation under the WHS laws.

58   Review of decisions on authorisations under OHS laws

(1) A decision made before the repeal of the OHS Act to refuse an application for an authorisation under the OHS laws is subject to review in accordance with the OHS laws (even if the review occurs wholly or party after the commencement of the WHS Act).

(2)  The decision on any such review is subject to action under the OHS laws as if the decision had been made before the repeal of the OHS Act.

(3)  An authorisation granted under a provision of the OHS laws after the repeal of the OHS Act and following the review of a decision made before that repeal to refuse an application for an authorisation:

(a)  is deemed to be an authorisation for the purposes of and granted under the equivalent provision of the WHS laws, and

(b)  is deemed to have been granted on the date on which, and for the period for which, it was granted under the OHS laws.

Part 7 Miscellaneous

59   Incident notification

(1) Part 3 (Incident notification) of the WHS Act does not apply to a notifiable incident that occurred before the commencement of that Act.

(2)  Division 4 (Incidents at places of work) of Part 5 of the OHS Act continues to apply as if it had not been repealed to and in respect of an incident that occurs before the repeal of that Act.

60   Exemptions

(1) The operation of clause 8 (Existing notices, exemptions etc) of Schedule 4 to the WHS Act in respect of an exemption granted under clause 347 or 348 of the OHS Regulation ceases 12 months after the commencement of the WHS Act.

(2)  The power of the regulator under Part 11.2 of the WHS Regulation to exempt a person or class of persons from compliance with any provision of the WHS Regulation extends to exemption from compliance with any provision of the OHS Regulation that continues to apply under a provision of this Schedule.

(3)  An exemption in force under clause 347 or 348 of the OHS Regulation immediately before the repeal of that Regulation for the purposes of a provision of the OHS Regulation that continues to apply under a provision of this Schedule is deemed to have been granted under Part 11.2 of the WHS Regulation in respect of the continued application of the provision.

61   Policies and procedures

A policy or procedure that has effect for the purposes of a provision of the OHS laws immediately before the repeal of the OHS Act is, for a period of 12 months after the commencement of the WHS Act, to have effect for the purposes of the equivalent provision of the WHS laws.

62   Equivalent provisions

The regulator may by order published on the NSW legislation website:

(a)  declare a specified provision of the WHS laws to be the equivalent, for the purposes of a provision of this Schedule, of any specified provision of the OHS laws, and

(b)  declare that compliance with a specified provision of the OHS laws is deemed to be compliance with the equivalent provision of the WHS laws for a specified period (not exceeding 12 months).

63   Saving of Dangerous Goods Regulation relating to ports

(1)  Despite the repeal of the Dangerous Goods Act 1975 and the Dangerous Goods (General) Regulation 1999, the provisions of Part 11 (Special requirements relating to ports) of that Regulation continue to have effect.

(1A)  For the avoidance of doubt, a reference in clause 261 (3) of the Dangerous Goods (General) Regulation 1999 (as continued in force by subclause (1)) to a person who is subject to a requirement of AS 3846 is:

(a)  in relation to a requirement:

(i)  in Section 3.2, 4.3.1 (c), 4.5 (a), 6.4 or 7.2 of AS 3846, to the extent that it relates to dangerous cargo or dangerous goods to be brought into the waters of a port area, or to remain on board, or be taken from, a ship in a port area, or

(ii)  in Section 4.3.1 (b), 5.2.1 (b) or 5.2.2 (a) of AS 3846,

a reference to the person in possession of the ship’s delivery order for the cargo or goods at the time the requirement arises, and

(b)  in relation to a requirement:

(i)  in Section 3.2, 4.3.1 (c), 4.5 (a), 6.4 or 7.2 of AS 3846, to the extent that it relates to dangerous cargo or dangerous goods to be brought onto a berth, or taken to a ship, in a port area, or

(ii)  in Section 4.3.1 (a), 5.2.1 (a) or 5.2.2 (b) of AS 3846,

a reference to the person specified as the shipper, consignor or sender in the Multimodal Dangerous Goods Form for the cargo or goods.

(1B)  In subclause (1A):

AS 3846 means AS 3846—2005 The handling and transport of dangerous cargoes in port areas.

Multimodal Dangerous Goods Form means the Form of that title published by the Australian Maritime Safety Authority.

ship’s delivery order has the same meaning that it has in the Sea-Carriage Documents Act 1997.

(2)  Contravention of a provision referred to in subclause (1) is an offence against this clause.

Maximum penalty: $30,000.

(3) For the purposes of section 243 (Penalty notices) of the WHS Act, a member of staff of a Port Corporation (within the meaning of the Ports and Maritime Administration Act 1995) to whom the Port Corporation issued written authorisation for the purposes of the Dangerous Goods (General) Regulation 1999 is an authorised officer in relation to an offence against this clause:

(a) that relates to the contravention of a provision of Part 11 of the Dangerous Goods (General) Regulation 1999 that was prescribed by that Regulation as an offence for which a penalty notice may have been served, and

(b)  that is committed in an area where a Port Corporation exercises port safety functions to which an operating licence held by it under that Act applies.

(4)  An officer, employee or agent of a Port Corporation (within the meaning of the Ports and Maritime Administration Act 1995) to whom the Port Corporation has issued written authorisation for the purposes of the Dangerous Goods (General) Regulation 1999 has and may exercise the functions of an inspector under section 31 of the Dangerous Goods Act 1975 (as in force immediately before its repeal) in relation to:

(a)  dangerous goods in an area where the Port Corporation exercises port safety functions to which an operating licence held by it under that Act applies, and

(b) a contravention or suspected contravention of a provision of Part 11 of the Dangerous Goods (General) Regulation 1999 in such an area.

(5)  Except as provided by subclause (6), this clause ceases to have effect on and from the day declared by regulations made under the Ports and Maritime Administration Act 1995 as the day on which this clause ceases to apply in relation to ports.

Note.

 Section 110 (2) of the Ports and Maritime Administration Act 1995 enables the regulations under that Act to make provision for or with respect to the management of dangerous goods in ports.

(6)  Nothing in subclause (5) affects the continued application of this clause to acts or omissions that occurred before the day referred to in that subclause.

64   Demolition work

(1)  Chapter 10 (Licensing of certain businesses) of the OHS Regulation (except clause 319 (2)) continues to apply as if it had not been repealed to and in respect of demolition work and restricted demolition work within the meaning of that Chapter.

(2)  Chapter 10 of the OHS Regulation, as continued in force by subclause (1), may be enforced under the OHS Act as if that Act and the regulations under that Act had not been repealed.

65   Pesticide operators and fumigators

(1)  Part 9.1 of the OHS Regulation continues to apply as if it had not been repealed to and in respect of the scheduled work to which that Part applies comprising the application of pesticides and use of fumigants.

(2)  Part 9.1 of the OHS Regulation, as continued in force by subclause (1), may be enforced under the OHS Act as if that Act and the regulations under that Act had not been repealed.

(3)  Except as provided by subclause (4), this clause ceases to have effect on and from the day declared by regulations made under the Pesticides Act 1999 as the day on which this clause ceases to apply in relation to the application of pesticides and use of fumigants.

Note.

Division 1 of Part 6 of the Pesticides Act 1999 (as inserted by the Pesticides Amendment Act 2015) will provide for the licensing of persons who apply pesticides or use fumigants when the Division commences.

(4)  Nothing in subclause (3) affects the continued application of this clause to acts or omissions that occurred before the day referred to in that subclause.

66   Revocation of codes of practice

The following industry codes of practice approved and in force under Part 4 of the OHS Act immediately before the repeal of that Act are revoked and are not subject to clause 3 of Schedule 4 to the WHS Act:

(a)  Storage and handling of dangerous goods,

(b)  Facade retention,

(c)  Noise management and protection of hearing at work,

(d)  Labelling of workplace substances,

(e)  Control of workplace hazardous substances,

(f)  Electrical practices for construction work,

(g)  Mono-strand post-tensioning of concrete buildings,

(h)  OHS consultation—effective decision making and how to establish workplace OHS consultation arrangements,

(i)  Workplace amenities,

(j)  Risk assessment,

(k)  Low voltage electrical work,

(l)  Preparation of material safety data sheets.

67   Powers of regulator to obtain information

Section 155 (Powers of regulator to obtain information) of the WHS Act extends to the exercise of powers in connection with the OHS Act or a regulation under the OHS Act in relation to offences committed against the OHS Act or the regulation before its repeal or in relation to any other matter that continues to have any force or effect.

68   Power of inspectors to obtain information, documents and evidence

The OHS Act continues to apply (as if it had not been repealed) to and in respect of a notice issued under section 62 (Power of inspectors to obtain information, documents and evidence) of the OHS Act before the repeal of that Act.

69   Confidentiality of information obtained under OHS Act

(1) Section 271 of the WHS Act extends to apply to information obtained and to documents to which access was gained by a person in exercising any power or function under the OHS Act (other than section 81 of the OHS Act).

(2) Section 148 of the WHS Act extends to apply to information and documents obtained under section 81 of the OHS Act.

70   References to “corresponding WHS law” in Parts 4.5 and 5.3 and clause 318 of WHS Regulation

(1)  A reference to a corresponding WHS law in Part 4.5 of the WHS Regulation in relation to a high risk work licence, or in Part 5.3 or clause 318 of the WHS Regulation, includes a reference to any of the following:

(a)  Occupational Health, Safety and Welfare Act 1986 of South Australia,

(b)  Workplace Health and Safety Act 1995 of Tasmania,

(c)  Occupational Health and Safety Act 2004 of Victoria,

(d)  Occupational Safety and Health Act 1984 of Western Australia.

(2)  Clause 318 of the WHS Regulation does not apply to a card issued before 1 September 2009 under the Work Safety Act 2008 (repealed) of the Australian Capital Territory (being a card that is deemed by the regulations under the Work Health and Safety Act 2011 of the Australian Capital Territory to be a general construction induction training card issued under that Act).

Part 8 Provisions consequent on making of Work Health and Safety Amendment (Miscellaneous) Regulation 2015

71   Registration of plant design for passenger ropeways and fixed concrete placing booms

(1)  Without limiting clause 30 of this Schedule, the following arrangements apply for the application of clause 243 of the WHS Regulation to plant designs for passenger ropeways and fixed concrete placing booms that were not required to be registered under the WHS Regulation before the date of commencement of the Work Health and Safety Amendment (Miscellaneous) Regulation 2015:

(a)  clause 243 does not apply to a design of a passenger ropeway or a fixed concrete placing boom where the design was completed before that commencement date,

(b)  clause 243 does not apply to a design of a passenger ropeway or a fixed concrete placing boom where the design was completed on or after 13 February 2015.

(2)  Subclause (1) (b) ceases to have effect on 13 February 2016.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Work Health and Safety Regulation 2011 (674). LW 16.12.2011. Date of commencement (except cl 164), 1.1.2012, cl 2 (1); date of commencement of cl 164, 1.1.2013, cl 2 (2). This Regulation has been amended as follows:

2012	(9)	Work Health and Safety Amendment (Savings) Regulation 2012. LW 13.1.2012. Date of commencement, on publication on LW, cl 2.
No 42	Statute Law (Miscellaneous Provisions) Act 2012. Assented to 21.6.2012. Date of commencement of Sch 2.70, 6.7.2012, sec 2 (1).
(544)	Work Health and Safety Amendment (Miscellaneous) Regulation 2012. LW 2.11.2012. Date of commencement, on publication on LW, cl 2.
No 101	Ports Assets (Authorised Transactions) Act 2012. Assented to 26.11.2012. Date of commencement, assent, sec 2.
(663)	Work Health and Safety Amendment (Dangerous Goods at Ports) Regulation 2012. LW 21.12.2012. Date of commencement, on publication on LW, cl 2.
(664)	Work Health and Safety Amendment (Transitional) Regulation 2012. LW 21.12.2012. Date of commencement, on publication on LW, cl 2.
2013	(353)	Work Health and Safety Amendment (Fees and Transitional Provisions) Regulation 2013. LW 28.6.2013. Date of commencement, 1.7.2013, cl 2.
No 95	Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2.
(730)	Work Health and Safety Amendment (Transitional Provisions) Regulation 2013. LW 20.12.2013. Date of commencement, on publication on LW, cl 2.
2014	No 38	Maritime and Transport Licensing Legislation Amendment Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.2, assent, sec 2 (2).
No 71	Work Health and Safety (Mines) Amendment Act 2014. Assented to 11.11.2014. Date of commencement of Sch 2, 1.2.2015, sec 2 and 2014 (787) LW 12.12.2014.
No 88	Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014. Date of commencement of Sch 2, 8.1.2015, sec 2 (1).
(799)	Work Health and Safety (Mines) Regulation 2014. LW 12.12.2014. Date of commencement, 1.2.2015, cl 2.
2015	(61)	Work Health and Safety Amendment (Miscellaneous) Regulation 2015. LW 13.2.2015. Date of commencement of Sch 1 [1]–[76] and [78]–[97], 13.2.2015, cl 2 (1); date of commencement of Sch 1 [77], 1.7.2015, cl 2 (2).
No 3	Pesticides Amendment Act 2015. Assented to 18.5.2015. Date of commencement of Sch 2.2, assent, sec 2 (2).
No 5	Electricity Network Assets (Authorised Transactions) Act 2015. Assented to 4.6.2015. Date of commencement of Sch 8, assent, sec 2 (1).
(338)	Work Health and Safety Amendment (Transitional Provisions) Regulation 2015. LW 26.6.2015. Date of commencement, 1.7.2015, cl 2.
No 19	State Insurance and Care Governance Act 2015. Assented to 21.8.2015. Date of commencement of Sch 15.23, 1.9.2015, sec 2 and 2015 (524) LW 28.8.2015.
(644)	Work Health and Safety Amendment (Disclosure of Information) Regulation 2015. LW 23.10.2015. Date of commencement, on publication on LW, cl 2.
2016	(49)	Work Health and Safety (Mines and Petroleum) Amendment (Harmonisation) Regulation 2016. LW 29.1.2016. Date of commencement, 1.2.2016, cl 2.
(418)	Work Health and Safety Amendment (Fees and Transitional Periods) Regulation 2016. LW 1.7.2016. Date of commencement, 1.7.2016, cl 2.

Table of amendments

Cl 5	Am 2012 (544), Sch 1 [1]; 2014 (799), Sch 13 [1]; 2015 (61), Sch 1 [1]–[15]; 2015 No 5, Sch 8.33.
Cl 5A	Ins 2012 (544), Sch 1 [2].
Cl 21	Am 2015 (61), Sch 1 [16].
Cl 25	Am 2015 (61), Sch 1 [17].
Cl 43	Am 2015 (61), Sch 1 [18].
Cl 82	Am 2015 (61), Sch 1 [19] [20].
Cl 84	Am 2015 (61), Sch 1 [21].
Cl 85	Am 2015 (61), Sch 1 [22] [23].
Cl 87	Am 2015 (61), Sch 1 [24] [25].
Cl 91A	Ins 2015 (61), Sch 1 [26].
Cl 93	Am 2015 (61), Sch 1 [27].
Cl 101	Am 2015 (61), Sch 1 [28].
Cl 104	Am 2015 (61), Sch 1 [29] [30].
Cl 105	Am 2013 No 95, Sch 2.155 [1].
Cl 106	Am 2015 (61), Sch 1 [31] [32].
Cl 108	Subst 2015 (61), Sch 1 [33].
Cl 109	Am 2015 (61), Sch 1 [34].
Cl 152	Subst 2015 (61), Sch 1 [35].
Cl 158	Am 2015 (61), Sch 1 [36].
Cl 161	Am 2015 (61), Sch 1 [37].
Cl 167	Am 2015 (61), Sch 1 [38].
Cl 169	Am 2015 (61), Sch 1 [39].
Cl 171	Subst 2015 (61), Sch 1 [40].
Cl 171A	Ins 2015 (61), Sch 1 [40].
Cl 172	Subst 2015 (61), Sch 1 [40].
Cl 173	Am 2015 (61), Sch 1 [41].
Cl 174	Am 2015 (61), Sch 1 [42].
Cl 175	Am 2015 (61), Sch 1 [43].
Cl 215	Am 2015 (61), Sch 1 [44].
Cl 217	Am 2015 (61), Sch 1 [45].
Cl 235	Am 2015 (61), Sch 1 [46]–[48].
Chapter 5, Part 5.2, Div 4, Subdiv 2 (cll 238–242)	Subst 2015 (61), Sch 1 [49].
Cl 244	Am 2015 (61), Sch 1 [50].
Cl 252	Am 2015 (61), Sch 1 [51].
Cl 266	Am 2015 (61), Sch 1 [52] [53].
Cl 269	Am 2015 (61), Sch 1 [54].
Cl 280	Am 2013 No 95, Sch 2.155 [2].
Chapter 5, Part 5.3, Div 6 (cll 288A–288D)	Ins 2015 (61), Sch 1 [55].
Cl 289	Am 2016 (49), Sch 2 [1].
Cl 318	Subst 2015 (61), Sch 1 [56].
Cl 319	Am 2015 (61), Sch 1 [57].
Cl 342	Am 2015 (61), Sch 1 [58].
Cl 346	Am 2015 (61), Sch 1 [59].
Cl 348	Am 2015 (61), Sch 1 [60] [61].
Cl 359	Am 2015 (61), Sch 1 [62].
Cl 418	Subst 2015 (61), Sch 1 [63].
Cl 421	Am 2015 (61), Sch 1 [64].
Cl 491	Am 2015 (61), Sch 1 [65].
Cl 492	Am 2015 (61), Sch 1 [66].
Cl 498	Am 2015 (61), Sch 1 [67].
Cl 516	Am 2015 (61), Sch 1 [68].
Cl 517	Am 2015 (61), Sch 1 [69].
Cl 519	Am 2013 No 95, Sch 2.155 [3].
Cl 530	Am 2014 (799), Sch 13 [2]; 2016 (49), Sch 2 [2].
Cl 547	Am 2015 (61), Sch 1 [70].
Cl 598	Am 2015 (61), Sch 1 [71].
Cl 599	Am 2013 No 95, Sch 2.155 [4].
Chapter 10, note	Subst 2014 (799), Sch 13 [3].
Cl 676	Am 2015 (61), Sch 1 [72].
Cl 680	Am 2012 (544), Sch 1 [3] [4].
Cl 681	Am 2012 (544), Sch 1 [5].
Cl 683	Am 2013 No 95, Sch 2.155 [5] [6].
Cl 689	Am 2015 (61), Sch 1 [73].
Cl 700	Am 2015 (61), Sch 1 [74].
Cl 702	Subst 2012 (544), Sch 1 [6]. Am 2013 (353), Sch 1 [1]; 2015 (61), Sch 1 [75] [76]; 2015 (644), cl 3; 2016 (49), Sch 2 [3]–[7].
Cl 703	Ins 2014 No 71, Sch 2.6. Am 2015 No 19, Sch 15.23. Rep 2016 (49), Sch 2 [8].
Sch 2	Subst 2013 (353), Sch 1 [2]; 2015 (61), Sch 1 [77]; 2016 (418), Sch 1 [1].
Sch 3	Am 2015 (61), Sch 1 [78].
Sch 5	Am 2015 (61), Sch 1 [79]–[85]; 2015 (338), cl 3 (1).
Sch 6	Am 2015 (61), Sch 1 [86].
Sch 10	Am 2012 (544), Sch 1 [7]; 2015 (61), Sch 1 [87].
Sch 11	Am 2013 (730), cl 3 (1).
Sch 13	Am 2015 (61), Sch 1 [88].
Sch 15	Am 2012 (544), Sch 1 [8]; 2014 No 88, Sch 2.79; 2015 (61), Sch 1 [89]–[91].
Sch 16	Am 2015 (61), Sch 1 [92].
Sch 18A	Am 2012 No 42, Sch 2.70 [1] [2]; 2015 (61), Sch 1 [93] [94].
Sch 18B	Am 2012 (9), cl 3; 2012 (544), Sch 1 [9]–[21]; 2012 No 101, Sch 6.8; 2012 (663), Sch 1; 2012 (664), cl 3 (1) (2); 2013 (353), Sch 1 [3]–[5]; 2013 (730), cl 3 (2) (3); 2014 No 38, Sch 2.2; 2014 (799), Sch 13 [4]–[6]; 2015 (61), Sch 1 [95]–[97]; 2015 No 3, Sch 2.2; 2015 (338), cl 3 (2); 2016 (418), Sch 1 [2] [3].