Work Health and Safety Regulation 2011 (Qld)

Work Health and Safety Regulation 2011

Chapter 1    Preliminary

Part 1.1    Introductory matters

1   Short title

This regulation may be cited as the Work Health and Safety Regulation 2011.

2   Commencement

(1)Section 142 commences on 1 July 2012.

(2)Section 343 commences on 1 January 2013.

(2A)The following provisions commence on 1 January 2014—

(a)section 48;

(b)sections 432 and 433.

(2B)The following provisions commence on 1 January 2016—

(d)part 8.5, division 1;

(e)chapter 14.

(3)The following provisions commence on the commencement of the Waste Reduction and Recycling Act 2011, section 103—

(a)section 492(2)(i)(ii);

(b)section 500(b)(ii).

(4)The remaining provisions commence on the commencement of section 277 (Repeal of Workplace Health and Safety Act 1995) of the Act.

3   Section number not used

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 regulations 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 being used to insert further provisions particular to the State.

4   Section number not used

See note to section 3.

5   Definitions

The dictionary in schedule 19 defines particular words used in this regulation.

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 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)Subsection (1) does not apply if the strata title body corporate engages any worker as an employee.

(3)For section 5(6) of the Act, an incorporated association may be taken not to be a person conducting a business or undertaking if—

(a)the incorporated association consists of a group of volunteers working together for 1 or more community purposes; and

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

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

(4)In this section—

strata title body corporate means a body corporate under—

(a)the Body Corporate and Community Management Act 1997, schedule 6; or

(b)the Integrated Resort Development Act 1987, schedule 3, section 1; or

(c)the Mixed Use Development Act 1993; or

(d)the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980; or

(e)the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984; or

(f)the Sanctuary Cove Resort Act 1985, schedule 3, section 1.

8   Meaning of supply

For 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—

•an auctioneer who auctions a thing without having possession of the thing

•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 regulation provision sets out the way in which a person’s duty or obligation under that section of the Act is to be performed in relation to the matters and to the extent set out in the regulation provision.

Note—

A failure to comply with a duty or obligation under a section of the Act mentioned 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

The following provisions of the Act are excluded from the operation of schedule 1 to the Act—

(a)part 5, divisions 2 to 8;

(b)part 6;

(c)part 7.

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 requires 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 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

(1)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—

(i)be readily accessible to each other worker in the work group; and

(ii)carry out the same or a similar type of work to each other worker in the work group.

(2)For subsection (1)(b)(i), a health and safety representative is readily accessible to a worker in the work group if the health and safety representative—

(a)works—

(i)at the same workplace as the worker; or

(ii)at a workplace from which the health and safety representative can attend the worker’s workplace within a reasonable time; and

(b)works the same or a similar pattern of work to the worker.

Note—

Under the Act, a work group may be determined for workers at more than one workplace (section 51(3)) or for workers carrying out work for two or more persons conducting businesses or undertakings at one or more workplaces (part 5, division 3, subdivision 3).

17   Matters to be taken into account in negotiations

For sections 52(6) and 56(4) of the Act, negotiations for and determination of work groups and variation of 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 section sets out minimum procedural requirements for the election of a health and safety representative for a work group for 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—36 penalty units.

20   Removal of health and safety representatives

(1)For 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 mentioned in subsection (2)(a) and the majority of members of the work group have been informed of the removal.

20A    Resources, facilities and assistance—Act, s 70

For section 70(1)(f) of the Act, the resources, facilities and assistance prescribed are the resources, facilities and assistance that provide each of the following for a health and safety representative for a work group—

(a)a means for the health and safety representative to communicate with 1 or more workers in the work group, including, if the health and safety representative and the workers work at different workplaces, a means of transport to the workers’ workplace;

Examples of resources providing a means to communicate—

access to a phone, access to an electronic device with internet access from which to send emails or attend online meetings with the workers

(b)a means for the health and safety representative to communicate with the person conducting the business or undertaking;

(c)a means for the health and safety representative to hold face-to-face or online meetings with 1 or more workers in the work group;

Examples—

access to a room or area

(d)a means for the health and safety representative to send and receive information about health and safety in accordance with the Act;

(e)a means for the health and safety representative to monitor measures taken by the person conducting the business or undertaking under the Act in relation to the health or safety of workers in the work group;

Example—

a noise meter

(f)a means for the health and safety representative to print or display relevant health and safety information or notices.

21   Prescribed health and safety representative training

(1)The prescribed training for section 72(1) of the Actis the following courses of training in work health and safety approved by the regulator—

(a)an initial 5 day course of training;

(b)1 day’s refresher training at least every 12 months, with the entitlement to the first refresher training commencing 12 months after the initial training.

(2)A health and safety representative for a work group for a business or undertaking must complete the initial 5 day course of training within—

(a)28 days after the day the representative is elected as a health and safety representative for the work group; or

(b)if an initial 5 day course is not reasonably available to the representative—as soon as practicable after the period mentioned in paragraph (a).

21A   Approving courses of training in work health and safety

(1)The regulator may, in approving a course of training in work health and safety, 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.

(2)The regulator must notify the approved course of training on the regulator’s website.

Part 2.2    Issue resolution

22   Agreed procedure—minimum requirements

(1)This section 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 section 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 subsection (2); and

(b)is set out in writing; and

(c)is communicated to all workers to whom the agreed procedure applies.

Maximum penalty—36 penalty units.

23   Default procedure

(1)This section sets out the default procedure for issue resolution for section 81(2) of the Act.

(2)Any party to the issue may commence the procedure by telling 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 told 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.

(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 provided to—

(a)all parties to the issue; and

(b)if requested, to the health and safety committee for the workplace.

(9)For the avoidance of 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 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—

(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 sections 131 and 133 of the Actis training, that is provided or approved by the regulator, in relation to the following matters—

(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 2009 (Cwlth) or any relevant State or Territory industrial laws.

(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 matter including—

(a)the content and quality of the curriculum, including its relevance to the powers and functions of a WHS permit holder;

(b)the qualifications, knowledge and experience of the person who is to provide the training.

Note—

Under the Acts Interpretation Act 1954, section 24AA, the power to make an instrument or decision includes the power to amend or repeal the instrument or decision, that is, the power to approve training includes a power to revoke or vary the approval.

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 Actmust—

(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 section 28, 29 or 30 (as applicable).

28   Additional requirements—entry under section 117

A notice of entry under section 119 of the Actin relation to an entry under section 117 of the Actmust 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 Actprovides 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 Actin 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 Actprovides 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 Actin relation to an entry under section 121 of the Actmust 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 Actprovides 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 section 151 of the Act, the commission 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.

Chapter 2A    Work health and safety officers

31A   Definitions for chapter

In this chapter—

approved RTO means an RTO approved by the regulator under section 31E.

approved work health and safety officer course means a work health and safety officer course approved by the regulator under section 31E.

approved work health and safety officer recertification course means a work health and safety officer recertification course approved by the regulator under section 31E.

31B   Application to regulator for certificate of authority

(1)A person may apply to the regulator for a certificate of authority.

(2)The application must be in the approved form.

31C   Deciding application

The regulator may grant an application made under section 31B if the regulator is satisfied—

(a)the applicant has successfully completed—

(i)an approved work health and safety officer course; or

(ii)an approved work health and safety officer recertification course; or

(b)the applicant has the qualifications or experience necessary to satisfactorily perform the functions of a work health and safety officer.

31D    Approved registered training organisation may grant certificate of authority

An approved RTO may grant a person a certificate of authority on the successful completion by the person of either of the following courses conducted by the approved RTO—

(a)an approved work health and safety officer course;

(b)an approved work health and safety officer recertification course.

31E   Approving work health and safety officer courses and registered training organisations

(1)The regulator may approve—

(a)a work health and safety officer course; or

(b)a work health and safety officer recertification course; or

(c)an RTO for section 31D.

(2)In approving a course under subsection (1)(a) or (b), the regulator must have regard to the content and quality of the curriculum, including its relevance to the functions of a work health and safety officer.

(3)The regulator must notify each approved course and approved RTO on the regulator’s website.

31F   Expiry of certificate of authority

A certificate of authority expires 5 years after the day the certificate is granted.

Chapter 3    General risk and workplace management

Part 3.1    Managing risks to health and safety

32   Application of pt 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—

•a requirement not to exceed an exposure standard

•a duty to implement a specific control measure

•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   Management of risk

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 section 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 under this section.

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

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

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

(c)implementing engineering controls.

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

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

Note—

A combination of the controls set out in this section may be used to minimise a risk, so far as is 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 subsection (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—

•the results of monitoring show that the control measure does not control the risk

•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 the review under subsection (4).

Note—

See also section 55G in relation to a review of control measures about sexual harassment and sex or gender-based harassment.

(3)Without limiting subsection (2)(b), a change at the workplace includes—

(a)a change to the workplace itself or any aspect of the work environment; or

(b)a change to a system of work, a process or a procedure.

(4)A health and safety representative for workers at a workplace may request a review of a control measure if the representative reasonably believes that—

(a)a circumstance mentioned in subsection (2)(a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and

(b)the duty holder has not adequately reviewed the control measure in response to the circumstance.

Part 3.2    General workplace management

Division 1 Information, training and instruction

39   Provision of information, training and instruction

(1)This section applies for section 19 of the Actto a person conducting a business or undertaking.

(2)The person must ensure that information, training and instruction provided to a worker is suitable and adequate having regard to—

(a)the nature of the work carried out by the worker; and

(b)the nature of the risks associated with the work at the time the information, training or instruction is provided; and

(c)the control measures implemented.

(3)The person must ensure, so far as is reasonably practicable, that the information, training and instruction is provided in a way that is readily understandable by any person to whom it is provided.

Maximum penalty—60 penalty units.

Division 2 General working environment

40   Duty in relation to general workplace facilities

A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the following—

(a)the layout of the workplace allows, and the workplace is maintained so as to allow, for persons to enter and exit and to move about without risk to health and safety, both under normal working conditions and in an emergency;

(b)work areas have space for work to be carried out without risk to health and safety;

(c)floors and other surfaces are designed, installed and maintained to allow work to be carried out without risk to health and safety;

(d)lighting enables—

(i)each worker to carry out work without risk to health and safety; and

(ii)persons to move within the workplace without risk to health and safety; and

(iii)safe evacuation in an emergency;

(e)ventilation enables workers to carry out work without risk to health and safety;

(f)workers carrying out work in extremes of heat or cold are able to carry out work without risk to health and safety;

(g)work in relation to or near essential services does not give rise to a risk to the health and safety of persons at the workplace.

Maximum penalty—60 penalty units.

41   Duty to provide and maintain adequate and accessible facilities

(1)A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, the provision of adequate facilities for workers, including toilets, drinking water, washing facilities and eating facilities.

Maximum penalty—60 penalty units.

(2)The person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that the facilities provided under subsection (1) are maintained so as to be—

(a)in good working order; and

(b)clean, safe and accessible.

Maximum penalty—60 penalty units.

(3)For this section, a person conducting a business or undertaking must have regard to all relevant matters including—

(a)the nature of the work being carried out at the workplace; and

(b)the nature of the hazards at the workplace; and

(c)the size, location and nature of the workplace; and

(d)the number and composition of the workers at the workplace.

Division 3 First aid

42   Duty to provide first aid

(1)A person conducting a business or undertaking at a workplace must ensure—

(a)the provision of first aid equipment for the workplace; and

(b)that each worker at the workplace has access to the equipment; and

(c)access to facilities for the administration of first aid.

Maximum penalty—60 penalty units.

(2)A person conducting a business or undertaking at a workplace must ensure that—

(a)an adequate number of workers are trained to administer first aid at the workplace; or

(b)workers have access to an adequate number of other persons who have been trained to administer first aid.

Maximum penalty—60 penalty units.

(3)For this section, the person conducting the business or undertaking must have regard to all relevant matters including—

(a)the nature of the work being carried out at the workplace; and

(b)the nature of the hazards at the workplace; and

(c)the size and location of the workplace; and

(d)the number and composition of the workers and other persons at the workplace.

Division 4 Emergency plans

43   Duty to prepare, maintain and implement emergency plan

(1)A person conducting a business or undertaking at a workplace must ensure that an emergency plan is prepared for the workplace, that provides for the following—

(a)emergency procedures, including—

(i)an effective response to an emergency; and

(ii)evacuation procedures; and

(iii)notifying emergency service organisations at the earliest opportunity; and

(iv)medical treatment and assistance; and

(v)effective communication between the person authorised by the person conducting the business or undertaking to coordinate the emergency response and all persons at the workplace;

(b)testing of the emergency procedures, including the frequency of testing;

(c)information, training and instruction to relevant workers in relation to implementing the emergency procedures.

Maximum penalty—60 penalty units.

(2)A person conducting a business or undertaking at a workplace must maintain the emergency plan for the workplace so that it remains effective.

Maximum penalty—60 penalty units.

(3)For subsections (1) and (2), the person conducting the business or undertaking must have regard to all relevant matters including—

(a)the nature of the work being carried out at the workplace; and

(b)the nature of the hazards at the workplace; and

(c)the size and location of the workplace; and

(d)the number and composition of the workers and other persons at the workplace.

(4)A person conducting a business or undertaking at a workplace must implement the emergency plan for the workplace in the event of an emergency.

Maximum penalty—60 penalty units.

Division 5 Personal protective equipment

44   Provision to workers and use of personal protective equipment

(1)This section applies if personal protective equipment is to be used to minimise a risk to health and safety in relation to work at a workplace under section 36.

(2)The person conducting a business or undertaking who directs the carrying out of work must provide the personal protective equipment to workers at the workplace, unless the personal protective equipment has been provided by another person conducting a business or undertaking.

Maximum penalty—60 penalty units.

Example—

equipment that has been provided by a labour hire company

(3)The person conducting the business or undertaking who directs the carrying out of work must ensure that personal protective equipment provided under subsection (2) is—

(a)selected to minimise risk to health and safety, including by ensuring that the equipment is—

(i)suitable having regard to the nature of the work and any hazard associated with the work; and

(ii)a suitable size and fit and reasonably comfortable for the worker who is to use or wear it; and

(b)maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is—

(i)clean and hygienic; and

(ii)in good working order; and

(c)used or worn by the worker, so far as is reasonably practicable.

(4)The person conducting a business or undertaking who directs the carrying out of work must provide the worker with information, training and instruction in the—

(a)proper use and wearing of personal protective equipment; and

(b)the storage and maintenance of personal protective equipment.

Maximum penalty for subsection (4)—60 penalty units.

Note—

A person conducting a business or undertaking must not charge or impose a levy on a worker for the provision of personal protective equipment, see section 273 of the Act.

45   Personal protective equipment used by other persons

The person conducting a business or undertaking who directs the carrying out of work must ensure, so far as is reasonably practicable, that—

(a)personal protective equipment to be used or worn by any person other than a worker at the workplace is capable of minimising risk to the person’s health and safety; and

(b)the person uses or wears the equipment.

Maximum penalty—60 penalty units.

46   Duties of worker

(1)This section applies if a person conducting a business or undertaking provides a worker with personal protective equipment.

(2)The worker must, so far as the worker is reasonably able, use or wear the equipment in accordance with any information, training or reasonable instruction by the person conducting the business or undertaking.

Maximum penalty—36 penalty units.

(3)The worker must not intentionally misuse or damage the equipment.

Maximum penalty—36 penalty units.

(4)The worker must inform the person conducting the business or undertaking of any damage to, defect in or need to clean or decontaminate any of the equipment of which the worker becomes aware.

Maximum penalty—36 penalty units.

47   Duty of person other than worker

A person other than a worker must wear personal protective equipment at a workplace in accordance with any information, training or reasonable instruction provided by the person conducting the business or undertaking at the workplace.

Maximum penalty—36 penalty units.

Division 6 Remote or isolated work

48   Remote or isolated work

(1)A person conducting a business or undertaking must manage risks to the health and safety of a worker associated with remote or isolated work under part 3.1.

Notes—

1WHS Act—section 19 (see section 9).

2For general risk management requirements, see part 3.1.

(2)In minimising risks to the health and safety of workers associated with remote or isolated work, a person conducting a business or undertaking must provide a system of work that includes effective communication with the worker.

Maximum penalty—60 penalty units.

(3)In this section—

assistance includes rescue, medical assistance and the attendance of emergency service workers.

remote or isolated work, in relation to a worker, means work that is isolated from the assistance of other persons because of location, time or the nature of the work.

Division 7 Managing risks from airborne contaminants

49   Ensuring exposure standards for substances etc. not exceeded

A person conducting a business or undertaking at a workplace must ensure that no person at the workplace is exposed to a substance or mixture in an airborne concentration that exceeds the exposure standard for the substance or mixture.

Maximum penalty—60 penalty units.

50   Monitoring airborne contaminant levels

(1)A person conducting a business or undertaking at a workplace must ensure that air monitoring is carried out to determine the airborne concentration of a substance or mixture at the workplace to which an exposure standard applies if—

(a)the person is not certain on reasonable grounds whether or not the airborne concentration of the substance or mixture at the workplace exceeds the relevant exposure standard; or

(b)monitoring is necessary to determine whether there is a risk to health.

Maximum penalty—60 penalty units.

(2)A person conducting a business or undertaking at a workplace must ensure that the results of air monitoring carried out under subsection (1) are—

(a)recorded, and kept for 30 years after the date the record is made; and

(b)readily accessible to persons at the workplace who may be exposed to the substance or mixture.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

Division 8 Hazardous atmospheres

51   Managing risks to health and safety

(1)A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with a hazardous atmosphere at the workplace under part 3.1.

Notes—

1WHS Act—section 19 (see section 9).

2For general risk management requirements, see part 3.1.

(2)An atmosphere is a hazardous atmosphere if—

(a)the atmosphere does not have a safe oxygen level; or

(b)the concentration of oxygen in the atmosphere increases the fire risk; or

(c)the concentration of flammable gas, vapour, mist, or fumes exceeds 5% of the LEL for the gas, vapour, mist or fumes; or

(d)a hazardous chemical in the form of a combustible dust is present in a quantity and form that would result in a hazardous area.

52   Ignition sources

(1)A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with an ignition source in a hazardous atmosphere at the workplace under part 3.1.

Note—

WHS Act—section 19 (see section 9).

(2)This section does not apply if the ignition source is part of a deliberate process or activity at the workplace.

Division 9 Storage of flammable or combustible substances

53   Flammable and combustible material not to be accumulated

(1)A person conducting a business or undertaking at a workplace must ensure that, if flammable or combustible substances are kept at the workplace, the substances are kept at the lowest practicable quantity for the workplace.

Maximum penalty—60 penalty units.

(2)In this section—

flammable or combustible substances include—

(a)flammable and combustible liquids, including waste liquids, in containers, whether empty or full; and

(b)gas cylinders, whether empty or full.

Division 10 Falling objects

54   Management of risk of falling objects

A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with an object falling on a person if the falling object is reasonably likely to injure the person.

Notes—

1WHS Act—section 19 (see section 9).

2For general risk management requirements, see part 3.1.

55   Minimising risk associated with falling objects

(1)This section applies if it is not reasonably practicable to eliminate the risk mentioned in section 54.

(2)The person conducting the business or undertaking at a workplace must minimise the risk of an object falling on a person by providing adequate protection against the risk under this section.

Maximum penalty—60 penalty units.

(3)The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including—

(a)preventing an object from falling freely, so far as is reasonably practicable; or

(b)if it is not reasonably practicable to prevent an object from falling freely—providing, so far as is reasonably practicable, a system to arrest the fall of a falling object.

Examples—

•providing a secure barrier

•providing a safe means of raising and lowering objects

•providing an exclusion zone persons are prohibited from entering

Division 11 Psychosocial risks

Subdivision 1 Preliminary

55A   Meaning of psychosocial hazard

A psychosocial hazard is a hazard that—

(a)arises from, or relates to—

(i)the design or management of work; or

(ii)a work environment; or

(iii)plant at a workplace; or

(iv)workplace interactions or behaviours; and

(b)may cause psychological harm, whether or not the hazard may also cause physical harm.

55B   Meaning of psychosocial risk

A psychosocial risk is a risk to the health or safety of a worker or other person from a psychosocial hazard.

55BA    Meaning of sexual harassment and sex or gender-based harassment

(1)Sexual harassment is sexual harassment that would contravene—

(a)the Anti-Discrimination Act 1991; or

(b)the Sex Discrimination Act 1984 (Cwlth).

(2)Sex or gender-based harassment has the meaning given by the Industrial Relations Act 2016, schedule 5.

Subdivision 2 General

55C    Duty to manage psychosocial risks

(1)A person conducting a business or undertaking must manage psychosocial risks under part 3.1.

Notes—

1WHS Act—section 19 (see section 9).

2For general risk management requirements, see part 3.1.

(2)Without limiting subsection (1), the person conducting the business or undertaking must manage the risk to the health or safety of a worker, or other person, from either of the following at work—

(a)sexual harassment;

(b)sex or gender-based harassment.

55D   Determining control measures for psychosocial risks

(1)This section applies to a person conducting a business or undertaking who implements control measures to manage psychosocial risks under part 3.1.

Note—

If a psychosocial risk is or includes a risk of sexual harassment or sex or gender-based harassment, see also subdivision 3.

(2)In determining the control measures to implement, the person conducting the business or undertaking must have regard to all relevant matters, including—

(a)the duration, frequency or severity of the exposure of workers and other persons to psychosocial hazards; and

(b)how the psychosocial hazards may interact or combine; and

(c)the design of work, including job demands and tasks; and

(d)the systems of work, including how work is managed, organised and supported; and

(e)the design and layout, and environmental conditions, of the workplace, including the provision of—

(i)safe means of entering and exiting the workplace; and

(ii)facilities for the welfare of workers; and

(f)the design and layout, and environmental conditions, of workers’ accommodation; and

(g)the plant, substances and structures at the workplace; and

(h)workplace interactions or behaviours; and

(i)the information, training, instruction and supervision provided to workers.

(3)In this section—

worker’s accommodation means premises to which section 19(4) of the Actapplies.

Subdivision 3 Sexual harassment and sex or gender-based harassment

55E   Application of subdivision

This subdivision applies to a person conducting a business or undertaking who implements control measures, under part 3.1, to manage a psychosocial risk that is or includes a risk of either of the following—

(a)sexual harassment;

(b)sex or gender-based harassment.

55F    Determining control measures

(1)In determining the control measures to implement, the person conducting the business or undertaking must have regard to all relevant matters in relation to the risk of sexual harassment or sex or gender-based harassment, including—

(a)matters relating to characteristics of the workers, such as the workers’—

(i)age; or

(ii)gender; or

(iii)sex; or

(iv)sexual orientation; or

(v)disability; and

Example for paragraph (a)—

At a particular workplace, a younger worker’s sex may be a relevant matter if the majority of other workers are all of a different sex and are a similar age to each other.

(b)matters relating to characteristics of the workplace or work environment, such as—

(i)a work environment that may give rise to a workplace culture, or system of work, in which unacceptable or inappropriate behaviour is, or may be, permitted; and

(ii)a lack of diversity in the workplace generally or in particular decision-making positions; and

(iii)other matters about the workplace or work environment that may affect a person’s behaviour in relation to a worker.

Examples for subparagraph (iii)—

•A workplace being a hotel may be a relevant matter if patrons at the hotel may be affected by drugs or alcohol.

•A worker’s status as a casual or part-time worker may be a relevant matter if other workers are permanent staff and have a supervisory role in relation to the worker.

(2)This section does not limit section 55D.

55G   Review of control measures

Without limiting section 38, the person conducting the business or undertaking must review and, as necessary, revise the control measures if a person reports sexual harassment or sex or gender-based harassment at work.

55H   Duty to prepare prevention plan

(1)The person conducting the business or undertaking must prepare a plan (a prevention plan) in compliance with subsection (2), to manage an identified risk to the health or safety of workers, or other persons, from either of the following at work—

(a)sexual harassment;

(b)sex or gender-based harassment.

Maximum penalty—60 penalty units.

(2)The prevention plan must—

(a)be in writing; and

(b)state each identified risk; and

(c)identify the control measures implemented, or to be implemented, to manage each identified risk; and

(d)identify the matters considered by the person conducting the business or undertaking in determining the control measures mentioned in paragraph (c), including—

(i)the relevant matters considered under section 55F(1); and

(ii)any other matter mentioned in section 55D(2) that is relevant to the determination; and

(e)describe the consultation undertaken by the person conducting the business or undertaking under part 5, divisions 1 and 2 of the Act; and

(f)set out the procedure for dealing with reports of sexual harassment or sex or gender-based harassment at work, including—

(i)how a person may make a report; and

(ii)how the report will be investigated; and

(iii)that the person who made the report may be represented by a representative; and

(iv)how the person who made the report and other parties will be informed of the results of the investigation; and

(v)that the person who made the report may also use the issue resolution procedures and the dispute resolution process in part 5, divisions 5 and 7A of the Act; and

(g)be set out and expressed in a way that is readily accessible and understandable to workers.

(3)The person conducting the business or undertaking must implement the prevention plan.

Maximum penalty—60 penalty units.

(4)The person conducting the business or undertaking must—

(a)take reasonable steps to ensure workers are made aware of the prevention plan and know how to access it; and

(b)review the plan—

(i)if a report of sexual harassment or sex or gender-based harassment at work is made—as soon as practicable after the report is made; or

(ii)if a health and safety committee for the workplace or a worker’s health and safety representative requests a review of the plan—as soon as practicable after the request is made; or

(iii)otherwise—every 3 years.

Maximum penalty—60 penalty units.

(5)In this section—

representative, in relation to a person other than a worker, means someone else who the person authorises to represent them.

Note—

See section 45A of the Actin relation to who is a representative of a worker.

Chapter 4    Hazardous work

Part 4.1    Noise

56   Meaning of exposure standard for noise

(1)In this regulation, exposure standard for noise, in relation to a person, means—

(a)L_Aeq,8h of 85 dB(A); or

(b)L_C,peak of 140 dB(C).

(2)For subsection (1)—

L_Aeq,8h means the eight-hour equivalent continuous A-weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

L_C,peak means the C-weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).

57   Managing risk of hearing loss from noise

(1)A person conducting a business or undertaking at a workplace must manage, under part 3.1, risks to health and safety relating to hearing loss associated with noise.

Notes—

1WHS Act—section 19 (see section 9).

2For general risk management requirements, see part 3.1.

(2)A person conducting a business or undertaking at a workplace must ensure that the noise that a worker is exposed to at the workplace does not exceed the exposure standard for noise.

Maximum penalty—60 penalty units.

58   Audiometric testing

(1)This section applies in relation to a worker who is required by the person conducting the business of undertaking to use personal protective equipment to protect the worker from the risk of hearing loss associated with noise that exceeds the exposure standard for noise.

(2)The person conducting the business or undertaking must provide audiometric testing for the worker—

(a)within 3 months of the worker commencing the work; and

(b)in any event, at least every 2 years.

Maximum penalty—60 penalty units.

(3)In this section—

audiometric testing means the testing and measurement of the hearing threshold levels of each ear of a person by means of pure tone air conduction threshold tests.

59   Duties of designers, manufacturers, importers and suppliers of plant

(1)A designer of plant must ensure that the plant is designed so that its noise emission is as low as is reasonably practicable.

Maximum penalty—60 penalty units.

(2)A designer of plant must give to each person who is provided with the design for the purpose of giving effect to it adequate information about—

(a)the noise emission values of the plant; and

(b)the operating conditions of the plant when noise emission is to be measured; and

(c)the methods the designer has used to measure the noise emission of the plant.

Maximum penalty—60 penalty units.

(3)A manufacturer of plant must ensure that the plant is manufactured so that its noise emission is as low as is reasonably practicable.

Maximum penalty—60 penalty units.

(4)A manufacturer of plant must give to each person to whom the manufacturer provides the plant adequate information about—

(a)the noise emission values of the plant; and

(b)the operating conditions of the plant when noise emission is to be measured; and

(c)the methods the manufacturer has used to measure the noise emission of the plant.

Maximum penalty—60 penalty units.

(5)An importer of plant must take all reasonable steps to—

(a)obtain the information the manufacturer is required to give an importer under subsection (4); and

(b)give that information to any person to whom the importer supplies the plant.

Maximum penalty—60 penalty units.

(6)A supplier of plant must take all reasonable steps to—

(a)obtain the information the designer, manufacturer or importer is required to give a supplier under subsection (3), (4) or (5); and

(b)give that information to any person to whom the supplier supplies the plant.

Maximum penalty—60 penalty units.

Part 4.2    Hazardous manual tasks

60   Managing risks to health and safety

(1)A person conducting a business or undertaking must manage risks to health and safety relating to a musculoskeletal disorder associated with a hazardous manual task, under part 3.1.

Note—

WHS Act—section 19 (see section 9).

(2)In determining what control measures to implement under subsection (1), the person conducting the business or undertaking must have regard to all relevant matters that may contribute to a musculoskeletal disorder, including—

(a)postures, movements, forces and vibration relating to the hazardous manual task; and

(b)the duration and frequency of the hazardous manual task; and

(c)workplace environmental conditions that may affect the hazardous manual task or the worker performing it; and

(d)the design of the work area; and

(e)the layout of the workplace; and

(f)the systems of work used; and

(g)the nature, size, weight or number of persons, animals or things involved in carrying out the hazardous manual task.

61   Duties of designers, manufacturers, importers and suppliers of plant or structures

(1)A designer of plant or a structure must ensure that the plant or structure is designed so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure.

Maximum penalty—60 penalty units.

(2)If it is not reasonably practicable to comply with subsection (1), the designer must ensure that the plant or structure is designed so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable.

Maximum penalty—60 penalty units.

(3)The designer must give to each person who is provided with the design for the purpose of giving effect to it adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure.

Maximum penalty—60 penalty units.

(4)A manufacturer of plant or a structure must ensure that the plant or structure is manufactured so as to eliminate the need for any hazardous manual task to be carried out in connection with the plant or structure.

Maximum penalty—60 penalty units.

(5)If it is not reasonably practicable to comply with subsection (4), the manufacturer must ensure that the plant or structure is manufactured so that the need for any hazardous manual task to be carried out in connection with the plant or structure is minimised so far as is reasonably practicable.

Maximum penalty—60 penalty units.

(6)The manufacturer must give to each person to whom the manufacturer provides the plant or structure adequate information about the features of the plant or structure that eliminate or minimise the need for any hazardous manual task to be carried out in connection with the plant or structure.

Maximum penalty—60 penalty units.

(7)An importer of plant or a structure must take all reasonable steps to—

(a)obtain the information the designer or manufacturer is required to give under subsection (3) or (6); and

(b)give that information to any person to whom the importer supplies the plant.

Maximum penalty—60 penalty units.

(8)A supplier of plant or a structure must take all reasonable steps to—

(a)obtain the information the designer, manufacturer or importer is required to give under subsection (3), (6) or (7); and

(b)give that information to any person to whom the supplier supplies the plant.

Maximum penalty—60 penalty units.

Part 4.3    Confined spaces

Division 1 Preliminary

62   Confined spaces to which this part applies

(1)This part applies to confined spaces that—

(a)are entered by any person; or

(b)are intended or likely to be entered by any person; or

(c)could be entered inadvertently by any person.

(2)In this part, a reference to a confined space in relation to a person conducting a business or undertaking is a reference to a confined space that is under the person’s management or control.

63   Application to emergency service workers

Sections 67 and 68 do not apply to the entry into a confined space by an emergency service worker if, at the direction of the emergency service organisation, the worker is—

(a)rescuing a person from the space; or

(b)providing first aid to a person in the space.

Division 2 Duties of designer, manufacturer, importer, supplier, installer and constructor of plant or structure

64   Duty to eliminate or minimise risk

(1)This section applies in relation to plant or a structure that includes a space that is, or is intended to be, a confined space.

(2)A designer, manufacturer, importer or supplier of the plant or structure, and a person who installs or constructs the plant or structure, must ensure that—

(a)the need for any person to enter the space and the risk of a person inadvertently entering the space are eliminated, so far as is reasonably practicable; or

(b)if it is not reasonably practicable to eliminate the need to enter the space or the risk of a person inadvertently entering the space—

(i)the need or risk is minimised so far as is reasonably practicable; and

(ii)the space is designed with a safe means of entry and exit; and

(iii)the risk to the health and safety of any person who enters the space is eliminated so far as is reasonably practicable or, if it is not reasonably practicable to eliminate the risk, the risk is minimised so far as is reasonably practicable.

Note—

WHS Act—section 22, 23, 24, 25 or 26 as applicable (see section 9).

Division 3 Duties of person conducting business or undertaking

65   Entry into confined space must comply with this division

A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that a worker does not enter a confined space before this division has been complied with in relation to that space.

Maximum penalty—60 penalty units.

66   Managing risks to health and safety

(1)A person conducting a business or undertaking must, under part 3.1, manage risks to health and safety associated with a confined space at a workplace including risks associated with entering, working in, on or in the vicinity of the confined space (including a risk of a person inadvertently entering the confined space).

Notes—

1WHS Act—section 19 (see section 9).

2For general risk management requirements, see part 3.1.

(2)A person conducting a business or undertaking must ensure that a risk assessment is conducted by a competent person for the purpose of subsection (1).

Maximum penalty—36 penalty units.

(3)The person must ensure that the risk assessment conducted under subsection (2) is recorded in writing.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(4)For subsections (1) and (2), the person conducting a business or undertaking must have regard to all relevant matters, including—

(a)whether the work can be carried out without the need to enter the confined space; and

(b)the nature of the confined space; and

(c)if the hazard is associated with the concentration of oxygen or the concentration of airborne contaminants in the confined space—any change that may occur in that concentration; and

(d)the work required to be carried out in the confined space, the range of methods by which the work can be carried out and the proposed method of working; and

(e)the type of emergency procedures, including rescue procedures, required.

(5)The person conducting a business or undertaking must ensure that a risk assessment under this section is reviewed and as necessary revised by a competent person to reflect any review and revision of control measures under part 3.1.

Maximum penalty for subsection (5)—36 penalty units.

67   Confined space entry permit

(1)A person conducting a business or undertaking at a workplace must not direct a worker to enter a confined space to carry out work unless the person has issued a confined space entry permit for the work.

Maximum penalty—60 penalty units.

(2)A confined space entry permit must—

(a)be completed by a competent person; and

(b)be in writing; and

(c)state the following—

(i)the confined space to which the permit relates;

(ii)the names of persons permitted to enter the space;

(iii)the period of time during which the work in the space will be carried out;

(iv)measures to control risk associated with the proposed work in the space; and

(d)contain space for an acknowledgement that work in the confined space has been completed and that all persons have left the confined space.

(3)The control measures stated in a confined space permit must—

(a)be based on a risk assessment conducted under section 66; and

(b)include—

(i)control measures to be implemented for safe entry; and

(ii)details of the system of work provided under section 69.

(4)The person conducting a business or undertaking must ensure that, when the work for which the entry permit was issued is completed—

(a)all workers leave the confined space; and

(b)the acknowledgement mentioned in subsection (2)(d) is completed by the competent person.

Maximum penalty for subsection (4)—60 penalty units.

68   Signage

(1)A person conducting a business or undertaking must ensure that signs that comply with subsection (2) are erected—

(a)immediately before work in a confined space commences and while the work is being carried out; and

(b)while work is being carried out in preparation for, and in the completion of, work in a confined space.

Maximum penalty—36 penalty units.

(2)The signs must—

(a)identify the confined space; and

(b)inform workers that they must not enter the space unless they have a confined space entry permit; and

(c)be clear and prominently located next to each entry to the space.

69   Communication and safety monitoring

A person conducting a business or undertaking must ensure that a worker does not enter a confined space to carry out work unless the person provides a system of work that includes—

(a)continuous communication with the worker from outside the space; and

(b)monitoring of conditions within the space by a standby person who is in the vicinity of the space and, if practicable, observing the work being carried out.

Maximum penalty—60 penalty units.

70   Specific control—connected plant and services

(1)A person conducting a business or undertaking must, so far as is reasonably practicable, eliminate any risk associated with work in a confined space in either of the following circumstances—

(a)the introduction of any substance or condition into the space from or by any plant or services connected to the space;

(b)the activation or energising in any way of any plant or services connected to the space.

Maximum penalty—36 penalty units.

(2)If it is not reasonably practicable for the person to eliminate risk under subsection (1), the person must minimise that risk so far as is reasonably practicable.

Maximum penalty—36 penalty units.

71   Specific control—atmosphere

(1)A person conducting a business or undertaking must ensure, in relation to work in a confined space, that—

(a)purging or ventilation of any contaminant in the atmosphere of the space is carried out, so far as is reasonably practicable; and

(b)pure oxygen or gas mixtures with oxygen in a concentration exceeding 21% by volume are not used for purging or ventilation of any airborne contaminant in the space.

Maximum penalty—60 penalty units.

(2)The person must ensure that, while work is being carried out in a confined space—

(a)the atmosphere of the space has a safe oxygen level; or

(b)if it is not reasonably practicable to comply with paragraph (a) and the atmosphere in the space has an oxygen level less than 19.5% by volume—any worker carrying out work in the space is provided with air supplied respiratory equipment.

Maximum penalty—60 penalty units.

(3)In this section—

purging means the method used to displace any contaminant from a confined space.

Notes—

1Section 44 applies to the use of personal protective equipment, including the equipment provided under subsection (2).

2Section 50 also applies to airborne contaminants.

72   Specific control—flammable gases and vapours

(1)A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that while work is being carried out in a confined space, the concentration of any flammable gas, vapour or mist in the atmosphere of the space is less than 5% of its LEL.

Maximum penalty—60 penalty units.

(2)If it is not reasonably practicable to limit the atmospheric concentration of a flammable gas, vapour or mist in a confined space to less than 5% of its LEL and the atmospheric concentration of the flammable gas, vapour or mist in the space is—

(a)equal to or greater than 5% but less than 10% of its LEL—the person must ensure that any worker is immediately removed from the space unless a suitably calibrated, continuous-monitoring flammable gas detector is used in the space; or

(b)equal to or greater than 10% of its LEL—the person must ensure that any worker is immediately removed from the space.

Maximum penalty—60 penalty units.

73   Specific control—fire and explosion

A person conducting a business or undertaking must ensure that an ignition source is not introduced into a confined space (from outside or within the space) if there is a possibility of the ignition source causing a fire or explosion in the space.

Maximum penalty—60 penalty units.

74   Emergency procedures

(1)A person conducting a business or undertaking must—

(a)establish first aid procedures and rescue procedures to be followed in the event of an emergency in a confined space; and

(b)ensure that the procedures are practised as necessary to ensure that they are efficient and effective.

Maximum penalty—60 penalty units.

(2)The person must ensure that first aid and rescue procedures are initiated from outside the confined space as soon as practicable in an emergency.

Maximum penalty—60 penalty units.

(3)The person must ensure, in relation to any confined space, that—

(a)the entry and exit openings of the confined space are large enough to allow emergency access; and

(b)the entry and exit openings of the space are not obstructed; and

(c)plant, equipment and personal protective equipment provided for first aid or emergency rescue are maintained in good working order.

Maximum penalty—60 penalty units.

Note—

See part 3.2 for general provisions relating to first aid, personal protective equipment and emergency plans.

75   Personal protective equipment in emergencies

(1)This section applies in relation to a worker who is to enter a confined space in order to carry out first aid or rescue procedures in an emergency.

(2)The person conducting the business or undertaking for which the worker is carrying out work must ensure that air supplied respiratory equipment is available for use by, and is provided to, the worker in an emergency in which—

(a)the atmosphere in the confined space does not have a safe oxygen level; or

(b)the atmosphere in the space has a harmful concentration of an airborne contaminant; or

(c)there is a serious risk of the atmosphere in the space becoming affected in the way mentioned in paragraph (a) or (b) while the worker is in the space.

Maximum penalty—60 penalty units.

(3)The person conducting the business or undertaking for which the worker is carrying out work must ensure that suitable personal protective equipment is available for use by, and is provided to, the worker in an emergency in which—

(a)an engulfment has occurred inside the confined space; or

(b)there is a serious risk of an engulfment occurring while the worker is in the space.

Maximum penalty—60 penalty units.

Note—

Section 44 applies to the use of personal protective equipment, including the equipment provided under this section.

76   Information, training and instruction for workers

(1)A person conducting a business or undertaking must ensure that relevant workers are provided with suitable and adequate information, training and instruction in relation to the following—

(a)the nature of all hazards relating to a confined space;

(b)the need for, and the appropriate use of, control measures to control risks to health and safety associated with those hazards;

(c)the selection, fit, use, wearing, testing, storage and maintenance of any personal protective equipment;

(d)the contents of any confined space entry permit that may be issued in relation to work carried out by the worker in a confined space;

(e)emergency procedures.

Maximum penalty—60 penalty units.

(2)The person must ensure that a record of all training provided to a worker under this section is kept for 2 years.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(3)In this section—

relevant worker means—

(a)a worker who, in carrying out work for the business or undertaking, could—

(i)enter or work in a confined space; or

(ii)carry out any function in relation to work in a confined space or the emergency procedures established under section 74, but who is not required to enter the space; or

(b)any person supervising a worker mentioned in paragraph (a).

77   Confined space entry permit and risk assessment must be kept

(1)This section applies if a person conducting a business or undertaking—

(a)prepares a risk assessment under section 66; or

(b)issues a confined space entry permit under section 67.

(2)Subject to subsection (3), the person must keep—

(a)a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

(b)a copy of the confined space entry permit at least until the work to which it relates is completed.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(3)If a notifiable incident occurs in connection with the work to which the assessment or permit relates, the person must keep the copy of the assessment or permit (as applicable) for at least 2 years after the incident occurs.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(4)The person must ensure that, for the period for which the assessment or permit must be kept under this section, a copy is available for inspection under the Act.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(5)The person must ensure that, for the period for which the assessment or permit must be kept under this section, a copy is available to any relevant worker on request.

Maximum penalty—36 penalty units.

Part 4.4    Falls

78   Management of risk of fall

(1)A person conducting a business or undertaking at a workplace must, under part 3.1, manage risks to health and safety associated with a fall by a person from one level to another that is reasonably likely to cause injury to the person or any other person.

Notes—

1WHS Act—section 19 (see section 9).

2For general risk management requirements, see part 3.1.

(2)Subsection (1) includes the risk of a fall—

(a)in or on an elevated workplace from which a person could fall; or

(b)in the vicinity of an opening through which a person could fall; or

(c)in the vicinity of an edge over which a person could fall; or

(d)on a surface through which a person could fall; or

(e)in any other place from which a person could fall.

(3)A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that any work that involves the risk of a fall to which subsection (1) applies is carried out on the ground or on a solid construction.

Maximum penalty—60 penalty units.

(4)A person conducting a business or undertaking must provide safe means of access to and exit from—

(a)the workplace; and

(b)any area within the workplace mentioned in subsection (2).

Maximum penalty—60 penalty units.

(5)In this section—

solid construction means an area that has—

(a)a surface that is structurally capable of supporting all persons and things that may be located or placed on it; and

(b)barriers around its perimeter and any openings to prevent a fall; and

(c)an even and readily negotiable surface and gradient; and

(d)a safe means of entry and exit.

79   Specific requirements to minimise risk of fall

(1)This section applies if it is not reasonably practicable for the person conducting a business or undertaking at a workplace to eliminate the risk of a fall to which section 78 applies.

(2)The person conducting the business or undertaking at a workplace must minimise the risk of a fall by providing adequate protection against the risk under this section.

Maximum penalty—60 penalty units.

(3)The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including by—

(a)providing a fall prevention device if it is reasonably practicable to do so; or

(b)if it is not reasonably practicable to provide a fall prevention device, providing a work positioning system; or

(c)if it is not reasonably practicable to comply with either paragraph (a) or (b), providing a fall arrest system, so far as is reasonably practicable.

Examples of a safe system of work could include—

•providing temporary work platforms

•providing training in relation to the risks involved in working at the workplace

•providing safe work procedures, safe sequencing of work, safe use of ladders, permit systems and appropriate signs

Note—

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

(4)This section does not apply in relation to the following work—

(a)the performance of stunt work;

(b)the performance of acrobatics;

(c)a theatrical performance;

(d)a sporting or athletic activity;

(e)horse riding.

Note—

Section 35 applies to the management of risk in relation to this work.

(5)In this section—

fall prevention device includes—

(a)a secure fence; and

(b)edge protection; and

(c)working platforms; and

(d)covers.

Note—

See schedule 19 for definitions of fall arrest system and work positioning system.

80   Emergency and rescue procedures

(1)This section applies if a person conducting a business or undertaking implements a fall arrest system as a measure to control risk.

(2)Without limiting section 79, the person must establish emergency procedures, including rescue procedures, in relation to the use of the system.

Maximum penalty—60 penalty units.

(3)The person must ensure that the emergency procedures are tested so that they are effective.

Maximum penalty—60 penalty units.

(4)The person must provide relevant workers with suitable and adequate information, training and instruction in relation to the emergency procedures.

Maximum penalty—60 penalty units.

(5)In this section—

relevant worker means—

(a)a worker who, in carrying out work in the business or undertaking, uses or is to use a fall arrest system; and

(b)a worker who may be involved in initiating or implementing the emergency procedures.

Part 4.5    High risk work

Division 1 Licensing of high risk work

Subdivision 1 Requirement to be licensed

81   Licence required to carry out high risk work

A person must not carry out a class of high risk work unless the person holds a high risk work licence for that class of high risk work, except as provided in section 82.

Notes—

1See section 43 of the Act.

2Schedule 3 sets out the high risk licences and classes of high risk work that are within the scope of each licence. Schedule 4 sets out the qualifications required for a high risk work licence.

82   Exceptions

(1)A person who carries out high risk work is not required to be licensed if the work is carried out—

(a)in the course of training towards a certification in order to be licensed to carry out the high risk work; and

(b)under the supervision of a person who is licensed to carry out the high risk work.

(1A)A person who holds a certification for a specified VET course for high risk work is not required to be licensed to carry out the work—

(a)during the period of 60 days starting on the issue of the certification; and

(b)if, within that 60-day period, the person applies for the relevant high risk work licence for the work, until—

(i)the grant of the licence; or

(ii)the expiry of a period of 28 days starting on the day the person is given written notice under section 91(2)(c) for the application.

(1B)A person who carries out high risk work is not required to be licensed to carry out the work if the work is carried out while an accredited assessor is conducting an assessment of the person’s competency in relation to the work.

(2)A person who carries out high risk work involving plant is not required to be licensed if—

(a)the work is carried out at a workplace solely for the purpose of the manufacture, testing, trialling, installation, commissioning, maintenance, servicing, repair, alteration, demolition or disposal of the plant at that workplace or moving the plant within the workplace; and

(b)the plant is operated or used without a load except when standard weight loads with predetermined fixing points are used for calibration of the plant.

(3)For subsection (2)(a), moving includes operating plant in order to load it on to, or unload it from, a vehicle or equipment used to move it.

(4)A person who carries out high risk work with a crane or hoist is not required to be licensed as a crane operator if—

(a)the work is limited to setting up or dismantling the crane or hoist; and

(b)the person carrying out the work holds a licence in relation to rigging, which qualifies the person to carry out the work.

Note—

See schedule 3 for the classes of crane operator licence.

(5)A person who carries out high risk work with a heritage boiler is not required to be licensed as a boiler operator.

(6)Subsection (7) applies if, immediately before the repeal of the repealed WHS regulation, a person held an earthmoving or particular crane work certificate to perform work as an operator of a bridge and gantry crane (remote control only) under the repealed WHS regulation.

(7)The person is not required to have a high risk work licence to carry out licence class dogging if—

(a)the person will operate a bridge crane or gantry crane that can perform 3 or fewer powered operations; and

(b)the load is being lifted by remote control; and

(c)the load being lifted is lifted within the view of the person.

(8)A person is not required to be licensed to carry out high risk work for the licence class advanced boiler operator if—

(a)the person holds a high risk work licence for the licence class standard boiler operation; and

(b)otherwise—not involved in the removal of the asbestos or a business or undertaking involved in the removal of the asbestos.

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.

Information paper AR1, for part 13.1, division 9, see section 744.

Information paper AR2, for part 13.1, division 9, see section 744.

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.

ladder, for part 6.3, division 4, subdivision 2, see section 306B.

LC₅₀ for acute toxicity on inhalation, for schedule 15, see section 1 of the schedule.

LD₅₀ (median lethal dose) for acute oral toxicity, for schedule 15, see section 1 of the schedule.

LD₅₀ for acute dermal toxicity, for schedule 15, see section 1 of the schedule.

lead means lead metal, lead alloys, inorganic lead compounds and lead salts of organic acids.

lead process, for part 7.2, see section 392.

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

lead risk work, for part 7.2, see section 394.

licence holder means—

(a)for a high risk work licence—the person who is licensed to carry out the work; or

(aa)for a licence to carry out demolition work—the person who is licensed to carry out the work; or

(b)for 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)for an asbestos removal licence—the person conducting the business or undertaking to whom the licence is issued; or

(d)for a major hazard facility licence—the operator of the major hazard facility to whom the licence is issued 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 amusement park means a major amusement park licensed under chapter 9A.

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 30m;

(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, for a facility, means the local authority for the local authority area in which the facility and the surrounding area are located.

local community, for 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, for chapter 5, see section 184A.

major amusement park, for chapter 9A, see section 608A(1).

major amusement park licence, for chapter 9A, means a licence granted under part 9A.7 in relation to a major amusement park.

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, for part 9.1, see section 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, for a schedule 11 hazardous chemical, means the manifest quantity mentioned 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)].

mesh, for part 6.4, division 3, see section 315D.

mixture, for 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, of a major hazard facility, see section 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.

national labelling code means the document titled ‘National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)]’, declared by the National Occupational Health and Safety Commission in March 1994.

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 the 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.

notifiable incident, for chapter 12, see section 702.

occupier, for chapter 12, see section 702.

operate, a quad bike, includes—

(a)put in motion an apparatus, device, machinery or motor in, on or attached to the quad bike; and

(b)drive or ride the quad bike.

operator—

(a)of a facility, in chapter 9, see section 533; and

(b)of a major amusement park, in chapter 9A, see section 608C.

operator of a proposed facility, for chapter 9, see section 533.

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

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

overhead platform, for part 6.4, division 3, see section 315C.

owner, for chapter 12, see section 702.

packaged hazardous chemicals means schedule 11 hazardous chemicals in a container with—

(a)a capacity not exceeding 500L; or

(b)a net mass not exceeding 500kg.

Packing Group, for schedule 15, see section 1 of the schedule.

passenger ropeway see section 237A.

perimeter containment screening, for part 6.4, division 3, see section 315C.

permitted work, for part 6.3, division 4, see section 306A.

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 mentioned in schedule 11, table 11.1 column 4 for the schedule 11 hazardous chemical.

plant, for parts 5.2 and 5.3, includes a structure.

platform height, in relation to an inflatable device (continuously blown), means the height of the highest part of the device designed to support persons using it (the platform), as measured from the surface supporting the device to the top surface of the platform when the device is inflated but unloaded.

porcelain product does not include a product that contains resin.

portal boom crane means a boom crane or a jib crane that is mounted on a portal frame that, in turn, is supported on runways along which the crane travels.

powered mobile plant means plant that is provided with some form of self-propulsion that is ordinarily under the direct control of an operator.

precautionary statement means a phrase prescribed by the GHS that describes measures that are recommended to be taken to prevent or minimise—

(a)the adverse effects of exposure to a hazardous chemical; or

(b)improper handling of a hazardous chemical.

presence-sensing safeguarding system includes—

(a)a sensing system that uses one or more forms of radiation either self-generated or otherwise generated by pressure; and

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

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

pressure equipment means boilers, pressure vessels and pressure piping.

pressure piping—

(a)means an assembly of pipes, pipe fittings, valves and pipe accessories subject to internal or external pressure and used to contain or convey fluid or to transmit fluid pressure; and

(b)includes distribution headers, bolting, gaskets, pipe supports and pressure containing accessories; but

(c)does not include—

(i)a boiler or pressure vessel; or

(ii)any piping that is regulated under the Petroleum and Gas (Safety) Regulation 2018.

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 services organisation means—

(a)the Queensland Ambulance Service under the Ambulance Service Act 1991; and

(b)Queensland Fire and Rescue under the Fire Services Act 1990; and

(c)Rural Fire Service Queensland under the Fire Services Act 1990.

principal contractor, in relation to a construction project, see section 293.

processing, in relation to a crystalline silica substance, for chapter 8A, see section 529A.

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.

psychosocial hazard see section 55A.

psychosocial risk see section 55B.

public health and safety duty, for chapter 12, see section 702.

quad bike see the Transport Operations (Road Use Management—Road Rules) Regulation 2009, schedule 5.

quantity, for chapter 7, means—

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

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

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

(d)for a hazardous chemical that is not a liquid and is in bulk and not in a container—the undivided mass in kilograms; and

(e)for a hazardous chemical that is a thing and is not a gas—the net capacity of the part of the thing that comprises a hazardous chemical.

reach stacker means a powered reach stacker that incorporates an attachment for lifting and lowering a shipping container.

reasonably available, for schedule 5A, see section 1 of the schedule.

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 section National Law to practise in the medical profession (other than as a student).

registered training organisation (RTO) means a training organisation listed as a registered training organisation on the National Register under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

relevant activity, for chapter 12, see section 702.

relevant day, for chapter 9A, see section 608A(3).

relevant fee, in relation to a matter, means the fee stated in schedule 2 for that matter.

relevant person, for chapter 12, see section 702.

relevant premises, for chapter 12, see section 702.

relevant WHS conviction means a conviction for an offence against a relevant WHS law.

relevant WHS law means any of the following—

(a)the Act;

(b)

the repealed Workplace Health and Safety Act 1995;

(c)

the repealed Dangerous Goods Safety Management Act 2001;

(d)a corresponding law or a law relating to work health and safety repealed by a corresponding law.

Note—

Under the Acts Interpretation Act 1954, section 7, a reference in paragraphs (a) to (d) to a law includes a reference to the statutory instruments made or in force under the law, including, for example, regulations.

repealed DGSM Act, for part 13.2, see section 768.

repealed WHS regulation means the repealed Workplace Health and Safety Regulation 2008.

report, in relation to sexual harassment or sex or gender-based harassment at work, means a complaint or other disclosure about the harassment made to the person conducting the business or undertaking.

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.

reviewable decisions, for part 11.1, division 1, see section 676.

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 in 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 (Cwlth).

safe work method statement means in relation to high risk construction work—a safe work method statement mentioned in section 299 (as revised under section 302).

safety data sheet means a safety data sheet prepared under section 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 4m from the platform or the structure.

schedule 11 hazardous chemical means a hazardous chemical or combination of hazardous chemicals stated in schedule 11, table 11.1.

schedule 15 chemical means a hazardous chemical that—

(a)is stated 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.

sex or gender-based harassment see section 55BA.

sexual harassment see section 55BA.

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.

silica risk control plan, for chapter 8A, see section 529CB(1).

sintered stone does not include a product that contains resin.

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)for general construction induction training—the VET course Work Safely in the Construction Industry or a corresponding subsequent VET accredited course; or

(b)for class A asbestos removal work—the VET course Remove friable asbestos; or

(c)for class B asbestos removal work—the VET course Remove non-friable asbestos; or

(d)for the supervision of class A asbestos removal work—the VET course Supervise asbestos removal; or

(e)for asbestos assessor work—the VET course Conduct asbestos assessment associated with removal; or

(f)for high risk work—the relevant VET course specified in schedule 4.

spent conviction ...

spray painting booth ...

statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

static line, for part 6.3, division 4, see section 306A.

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

structure, for chapter 6, see section 290.

subsidiary risk, for schedule 15, see section 1 of the schedule.

substance, for part 7.1, means a chemical element or compound in its natural state or obtained or generated by a process—

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

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

supplier, in relation to plant, a substance or a structure, has the same meaning as it has in section 25 of the Act.

surrounding area, in relation to a facility, means the area surrounding the facility in which the health and safety of persons could potentially be adversely affected by a major incident occurring.

suspended scaffold means a scaffold incorporating a suspended platform that is capable of being raised or lowered when in use.

table, for part 13.1, division 4, see section 721.

technical name, for the definition 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.

theatrical performance means acting, singing, playing a musical instrument, dancing or otherwise performing literary or artistic works or expressions of traditional custom or folklore.

threshold quantity, in relation to a schedule 15 chemical, means—

(a)the threshold quantity of a specific hazardous chemical as determined under schedule 15, section 3; or

(b)the aggregate threshold quantity of 2 or more hazardous chemicals as determined under schedule 15, section 4.

tier 1 major hazard facility means a major hazard facility that, in relation to schedule 15 chemicals that are stored or handled at the facility in a quantity that exceeds 10% of their threshold quantity, only conducts storage, repacking or distribution functions.

Examples of major hazard facilities that may be a tier 1 major hazard facility—

warehouse, liquid petroleum gas depot, bulk ammonia storage facility

tier 2 major hazard facility means a major hazard facility that, in relation to schedule 15 chemicals that are stored or handled at the facility in a quantity that exceeds 10% of their threshold quantity, processes the schedule 15 chemicals into other products if the processing is likely to involve the following—

(a)chemical reactions;

(b)changes in state of the schedule 15 chemicals;

(c)operations at high or low temperatures and pressures.

Examples of major hazard facilities that may be a tier 2 major hazard facility—

pesticide formulators, acetylene producers, explosives manufacturers

tier 3 major hazard facility means a major hazard facility that, in relation to schedule 15 chemicals that are stored or handled at the facility in a quantity that exceeds 10% of their threshold quantity, processes the schedule 15 chemicals into other products using multiple or complex processes at high or low temperatures or pressure.

Examples of major hazard facilities that may be a tier 3 major hazard facility—

•oil refineries

•chemical manufacturers producing products such as ammonium nitrate, chlorine, sodium cyanide or nitric acid

tower crane means—

(a)a crane that has a boom or jib mounted on a tower structure; and

(b)in schedule 3—

(i)the crane, if a jib crane, may be a horizontal or luffing jib type; and

(ii)the tower structure may be demountable or permanent;

      but, 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.

transitional class A asbestos removal licence, for part 13.1, division 9, see section 744.

transitional class B asbestos removal licence, for part 13.1, division 9, see section 744.

transitional demolition work licence see section 732(4).

travel restraint system, for part 6.3, division 4, see section 306A.

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 ...

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 (Cwlth).

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.